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In the exercise of the powers vested in the High Representative
under Article V of Annex 10 (Agreement on Civilian Implementation of the Peace
Settlement) to the General Framework Agreement for Peace in Bosnia and
Herzegovina, according to which the High Representative is the final authority
in theatre regarding interpretation of the said Agreement on the Civilian
Implementation of the Peace Settlement; and considering in particular Article
II.1.(d) of the last said Agreement, according to the terms of which the High
Representative shall “Facilitate, as the High Representative judges necessary,
the resolution of any difficulties arising in connection with civilian
implementation”;
Recalling paragraph XI.2 of the Conclusions of the Peace
Implementation Conference held in Bonn on 9 and 10 December 1997, in which the
Peace Implementation Council welcomed the High Representative’s intention to use
his final authority in theatre regarding the interpretation of the Agreement on
the Civilian Implementation of the Peace Settlement in order to facilitate the
resolution of any difficulties as aforesaid “by making binding decisions, as he
judges necessary” on certain issues including (under sub-paragraph (c) thereof)
“measures to ensure implementation of the Peace Agreement throughout Bosnia and
Herzegovina and its Entities”;
Recalling further paragraph I.2.a. of the Conclusions of the
Peace Implementation Conference held in Bonn on 9 to10 December 1997 that
recognised “that an impartial and independent judiciary is essential to the rule
of law and reconciliation within Bosnia and Herzegovina” and to that end “a
facility for judicial training must be established”;
Mindful of the European Charter on the statute for judges
adopted at a multilateral meeting in Strasbourg on 8 to 10 July 1998 organised
by the Council of Europe, which indicated that the competence, independence and
impartiality of the judiciary could be guaranteed in part by the provision of
appropriate training for judges at the expense of the State in order to prepare
candidates for judicial office and that the independent body in charge of
selection, recruitment, appointment and the career progress of judges should
ensure the appropriateness of training programmes and of the organisation that
implements them;
Mindful of the Communique of the Steering Board of the Peace
Implementation Council of 7 May 2002 in which the Steering Board reiterated the
need for and its full endorsement of a thorough reform of the judicial system
and welcomed the intention of the High Representative to ensure completion of
the first phase of reform by “ensuring the establishment of training institutes
in both entities coordinated by the High Judicial Council.”
Recognising the significance of a Centre for Judicial and
Prosecutorial Training to the improvement of the administration of justice and
the enhancement of the skills and competencies of judges and prosecutors
necessary for the strengthening of the rule of law and for the protection of
rights and freedoms of citizens as guaranteed by Article 6 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms;
Recalling that the High Representative issued the Decision on
the Law on Centre for Judicial and Prosecutorial Training of the Federation of
Bosnia and Herzegovina on May 23, 2002 (Official Gazette of the Federation of
Bosnia and Herzegovina No. 22/02) which was later adopted by the Parliament of
the Federation of Bosnia and Herzegovina and published in the Official Gazette
of the Federation of Bosnia and Herzegovina No. 40/02;
Mindful of the need to ensure optimal conditions for the
setting up of the said Centre;
Recognising the value of a strong and efficient managerial
structure;
Having considered and borne in mind all these matters, the High
Representative hereby issues the following
DECISION
Enacting amendments to the Law on the Centre for
Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina,
which is hereby attached as an integral part of this Decision.
The said amendments shall enter into force as a law of the
Federation of Bosnia and Herzegovina, with effect from the date provided for in
Article 8 thereof, on an interim basis until such time as the Parliament of the
Federation of Bosnia and Herzegovina adopts this law in due form, without
amendments and with no conditions attached.
This Decision shall enter into force forthwith and shall be published without
delayin the Official Gazette of the Federation of Bosnia and Herzegovina.
Sarajevo, 1 November 2002
Paddy Ashdown
High Representative
LAW ON AMENDMENTS TO THE LAW ON THE CENTRE FOR JUDICIAL AND
PROSECUTORIAL TRAINING OF THE FEDERATION OF BOSNIA AND HERZEGOVINA
Article 1
All references in the Law on the Centre for Judicial and Prosecutorial
Training of the Federation of Bosnia and Herzegovina (Official Gazette of the
Federation of Bosnia and Herzegovina No. 22/02; 40/02) to the words “High
Judicial Council” shall be replaced by the word “Council” in the appropriate
case.
Article 2
In Article 5, paragraph 3 shall be replaced by the following new
paragraph:
“The Council shall approve the election and appointment, and on the grounds
of Articles 5a and 5b hereunder reject the election and appointment and decide
on the suspension and termination of the mandate, of the members of the Steering
Board.”
Article 3
After Article 5, the following new Articles 5a, 5b, 5c and 5d shall be added
to read as follows:
“Article 5a
Termination of Mandate
The mandate of a member of the Steering Board shall terminate:
-
upon cessation of function by virtue of which the member was
elected or appointed to the Steering Board;
-
upon the expiry of the period for which the member has been
elected or appointed;
-
by resignation;
-
if the member performs his duties improperly,
inefficiently, or in a biased manner or fails to fulfil obligations arising
out of his office;
-
for a commission of an act that would make the member unworthy
to perform duties in the Steering Board;
-
upon a final conviction of any criminal offense punishable by
a prison sentence, which conviction shall result in automatic termination.
A Steering Board member whose mandate has expired under subparagraph 2 of
paragraph 1 of this Article shall continue exercising the rights and duties of a
Steering Board member until a new member is elected or appointed.
The mandate of a Steering Board member under subparagraph 3 of paragraph 1 of
this Article shall expire on the day when the Chairperson of the Steering Board
receives his written statement of resignation, and under subparagraphs 4 and 5
of paragraph 1 of this Article when the Council relieves him of duty.
Article 5b
Suspension of a Member
The Council shall suspend a Steering Board member against whom criminal
charges are brought by a prosecutor or if the member is confined to pre-trial
detention.
The Council shall suspend a member who is suspended from the function by
virtue of which he qualifies for election or appointment to the Steering
Board.
The Council may suspend a member against whom a criminal investigation or
professional disciplinary proceedings have been initiated or for matters that
could lead to termination of the member’s mandate under Article 5a of this
Law.
Article 5c
New Members
The Chairperson of the Steering Board shall notify the body responsible for
the election or appointment of a member to the Steering Board under Article 5 of
this Law at least three (3) months prior to the expiry of a member’s mandate and
request the body to elect, or in the case of the Federal Minister of Justice, to
appoint, a new member to the Steering Board.
If a member’s mandate terminates prior to the expiry of his term of office, a
new member shall be elected or appointed as a replacement in accordance with the
provisions laid down in Article 5 paragraph 3 of this Law and shall serve the
remaining term of office. The person shall be eligible to serve one additional
full term after completing the remaining term of office.
In the event of the termination of the mandate of a member, the Chairperson
of the Steering Board shall notify the body responsible for the election or
appointment of the new member. The Chairperson shall notify the relevant body no
later than 30 days after the termination of mandate.
Article 5d
Chairperson
The Chairperson of the Steering Board shall be elected by a majority vote of
the members present and voting. The mandate of the Chairperson shall be two and
a half (2,5) years or until his mandate expires or otherwise terminates under
Article 5a of this Law, whichever is sooner.”
Article 4
In Article 8, item 5 after the words “the Director of the Centre”, a comma
and the words “in consultation with the Council” shall be inserted.
Article 5
In Article 11, paragraph 3, item 4 shall be deleted.
The previous item 5 shall become item 4.
Article 6
Article 20 shall be deleted.
Article 7
In Article 21 the words “within 30 days of the announcement referred to in
paragraph 4 of Article 20 of this Law” shall be deleted.
Article 8
This law shall enter into force on the eighth day after its publication in
the Official Gazette of the Federation of Bosnia and Herzegovina.
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