a) Training institutions in Bosnia and Herzegovina

There are two institutions for education of judges and prosecutors in Bosnia and Herzegovina:

Centre for Judicial and Prosecutorial Training of the Republika Srpska and Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina (further: JPTC/ JPTCs), working harmoniously.

JPTCs, under the supervision of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (further: HJPC), provide initial training courses to those persons considering a career as a judge or prosecutor (e.g. courts’ and prosecutors’ assistants and interns) and continuous professional training for judges and prosecutors. The Centers award annual certificates on the completion of any minimum advanced professional training requirements.

Although recently there was wide discussion if continuous training should be considered more as a privilege than an obligation, having in mind particular circumstances in BiH, especially the rapid and fundamental reform of legislation in BiH, it appears necessary to maintain mandatory training and minimum number of days that a sitting judge or prosecutor would have to undergo training each year.

According to the Initial and Continuous Judicial and Prosecutorial Training Mid-Term Strategic Plan for 2007-2010, that has been approved by HJPC, overall goal of both JPTCs in BiH is to provide such training that contributes to more professional judiciary responding to the challenges of a rapidly developing legal environment and having the ability to adjust to evolving European requirements in the legal/judicial field. Strategy for Judicial and Prosecutorial Training in BiH 2007-2010 starts from the vision that Judicial and Prosecutorial Training Centres were recognized as the key institutions for the professional education of current and future members of the judiciary.

Centres deliver custom-tailored training (flexible combination of centralised and decentralized training) for the judiciary in BiH covering all areas of law and other disciplines relevant to the practice of judges and prosecutors, such as society, economy as well as relevant developments in other areas. Equally, knowledge of the necessary ECHR to deal with the increasing complexity of cases and court caseload was taken into account. JPTCs provide quality-focused and responsive training programs governed by professional demands and needs of the society in transition. Thereby, Centers contribute to securing the highest standards in the administration of justice in Bosnia and Herzegovina.

As it was said earlier both JPTCs in BiH have to manage and provide a broad variety of training activities addressed to different groups in the judiciary. Some of the training activities are common to two or more groups (experienced judges, newly appointed judges, judges and prosecutors, judges from certain level of courts, “civil field judges” etc.). Other training can be specialized to specific members of the judiciary, such as newly appointed members as opposed to sitting members, or judges as opposed to prosecutors or presidents of the courts/chief prosecutors, support staff etc. Following the conclusions of the 8th plenary meeting of Lisbon Network, JPTCs have focused on that how to disseminate European ideas concerning interaction with the parties, alternative measures of dispute settlement, practical skills in European human rights standards and to increase the use of the European Convention on Human Rights (ECHR) in legal proceedings in Bosnia and Herzegovina among other topics in year 2007. For example, trainings of judges and prosecutors on their interaction with parties/clients were organized by both centers within the framework of Project based on the Grant Arrangement between the Government of Canada and the CoE for the implementation of the project Judicial and Prosecutorial Training Centres Capacity Development). We decided to invite court presidents, chief prosecutors and trainers to the training. Background idea was to engage for trainees’ individuals who are in position to disseminate ideas and raise issues during the training session thus multiplying benefits of the education. Trainers were two prominent speakers from the European countries and experienced domestic judges, trainers of the Centre.
Train-the-trainers courses on alternative resolution of disputes – how to identify a case for mediation, as well as development of the training manual aimed at transferring insights about mediation as a method of conflict resolution were part of the delivered training.

Over the coming ten years or so, the natural rejuvenation of the judiciary and the prosecutors’ offices is going to be limited. 9 out of 10, of the present judges and prosecutors will still fill their positions in 10 years time what calls for development of particular system of initial training in Bosnia and Herzegovina. In an environment of notoriously limited resources, an effective and efficient use of those resources within initial training is essential. To a certain extent solution was found in distance learning courses. Having that in mind, 13 training modules were developed by two JPTC s under the supervision of HJPC in the framework of CARDS project. Eight new modules are in the process of finalization. Modules are aimed at initial training, printed and published on JPTCs web portals. With the establishment of a wide area network connecting the courts and the prosecutors’ offices, respectively, with each other, distance learning and online training resources will gain importance and will have to be integrated into programming of initial training.

b) Importance of Lisbon network

The Lisbon network has exceptional importance for the newly established schools for judges and prosecutors to build the institutions that will provide comprehensive knowledge to their users in the most-efficient manner. “New” schools can significantly improve the quality of their teaching relying on good tradition and experience of the schools existing for many years in certain European countries, assuming and adjusting the affirmed structures, programmes, methodologies and forms of learning.

The JPTCs where set up in year 2003. Bucharest meeting conclusions from 2003 were guidelines that have been heavily consulted during the creation of the Centres’ basic documents. From the point of view of JPTCs in BiH, the extended international cooperation and cooperation between Lisbon network and EJTN should be beneficial to their activities. Those mutual aids have special importance for all training institutions in countries candidates for EU in pre/accession context.