Back Courts in FBiH discuss further improvements to protection of the right to a fair trial

Courts in FBiH discuss further improvements to protection of the right to a fair trial

Ensuring the right to a fair trial within a reasonable time in the Federation of Bosnia and Herzegovina was the focus of a round-table discussion for court presidents held in Sarajevo on 23 April 2026 with the support of the Council of Europe.

Participants discussed the implementation of the Law on the Protection of the Right to a Fair Trial within a Reasonable Time in the Federation of Bosnia and Herzegovina, adopted in 2025, as well as the effectiveness of previously adopted legal solutions at the state level, in Republika Srpska, and in the Brčko District, aimed at addressing excessively long judicial proceedings and ensuring compensation when this right is violated.

The excessive length of judicial proceedings has long been recognised as a systemic issue by the Constitutional Court of Bosnia and Herzegovina and was also confirmed by the European Court of Human Rights in the case of Hadžajlić v. Bosnia and Herzegovina.

The discussion also reviewed findings and recommendations from an analysis prepared by a Council of Europe expert (currently available only in BCS) on the effects of implementing legislation related to the right to a trial within a reasonable time across Bosnia and Herzegovina. The analysis covers the five-year period of implementation of the legislation in Bosnia and Herzegovina, Republika Srpska, and the Brčko District. During this period, the Federation of Bosnia and Herzegovina also adopted its respective law, completing the implementation of the European Court’s ruling at all levels of government.

The round-table session provided an opportunity for court presidents to share experiences from the practical implementation of legislation and share views on how it could be further strengthened to ensure full compliance with the European Convention on Human Rights.

Through this support, the Council of Europe continues to assist relevant institutions in Bosnia and Herzegovina in aligning the legal framework with the case law of the European Court. A similar discussion involving courts from Republika Srpska is planned later this year.

The round table discussion was held as part of the Council of Europe project “Support to a coherent national implementation of the European Convention on Human Rights and facilitating execution of ECtHR judgments in Bosnia and Herzegovina - Phase II”, which is funded through the Action plan for Bosnia and Herzegovina for the period 2026-2029.

Sarajevo, Bosnia and Herzegovina 23 April 2026
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