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In the exercise of the powers vested in
the High Representative by 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 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”;
Convinced of the vital importance to
Bosnia
and Herzegovina
of ensuring that the rule of law is
strengthened and followed in order to create the grounds for economic growth and
foreign investment;
Noting the Communiqué by the Steering Board of the Peace
Implementation Council of 2 and 3 December 2004, in which the Steering Board
reiterated its full support for the work of national and international judges
and prosecutors in Bosnia and Herzegovina underlining that the efficient
administration of justice, a core plank of Bosnia and Herzegovina’s postwar
rehabilitation, depends on a properly functioning and appropriately remunerated
judiciary;
Cognizant of the necessity to stop further increases of
salaries for judges until a new law regulating such salaries has been brought
into effect;
Further noting that the Steering Board “fully supports the
urgent need to review judicial salaries in order to ensure the proper allocation
of funds to enable the judicial system to work effectively”,
Having considered the totality of the matters aforesaid, I hereby issue the
following:
DECISION
Enacting the Law on Amendments to the Law on Courts and
Judicial Service of the Republika Srpska
(Official Gazette of Republika Srpska, No. 13/00, 15/00, 16/00,
70/01, 77/02 and 85/03)
which is hereby attached as an integral part of this Decision.
The said Law shall be published on the official website of the Office of the
High Representative and shall enter into force as a law of the Republika Srpska,
with immediate effect, on an interim basis, until such time as the National
Assembly of the Republika Srpska adopts this Law in due form, without amendment
and with no conditions attached. This Decision shall come into force forthwith
and shall be published without delay in the “Official Gazette of the Republika
Srpska”.
Sarajevo, 13 December
2004
Paddy Ashdown
High Representative
LAW ON AMENDMENTS TO THE LAW ON COURTS AND JUDICIAL SERVICE
OF REPUBLIKA SRPSKA
Article 1
In the Law on Courts and Judicial Service of the Republika Srpska
(“Official Gazette of the Republika Srpska”, Nos. 13/00, 15/00, 16/00, 70/01,
77/02 and 85/03), Article 88 shall be amended to read as follows:
“The basis for judges’ salary calculation shall be equal to three average net
salaries of the employees in the Republika Srpska in the month of November
2004.”
Article 2
This Law shall enter into force forthwith and shall be published without
delay.
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