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In the exercise of the powers vested in me 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”;
Recallingparagraph 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”;
Bearing in mind the communiqué of the Steering Board of the Peace
Implementation Council issued at Brussels on 28 February 2002 wherein it
recognised “the importance of the creation of a High Judicial Council for
BiH”;
Further bearing in mind the communiqué of the Steering Board of the
Peace Implementation Council issued at Sarajevo on 7 May 2002 wherein it was
stated that the establishment of a single High Judicial Council would "lay the
foundations for further reform of the judiciary, such as the re-structuring of
the court and prosecutorial systems";
Conscious of the necessity to pursue such re-structuring and selection
process following upon the establishment of the High Judicial and Prosecutorial
Council for the Federation of Bosnia and Herzegovina and of the High Judicial
and Prosecutorial Council of the Republika Srpska which shall together compose
an inter-entity level High Judicial and Prosecutorial Council structure for
Bosnia and Herzegovina;
Recalling Article III: 5 (b) of the Constitution of Bosnia and
Herzegovina which provides that "Within six months of the entry into force of
this Constitution, the Entities shall begin negotiations with a view to
including in the responsibilities of the institutions of Bosnia and Herzegovina
other matters … ";
Recalling Article I: 2. of the Constitution of Bosnia and Herzegovina
which provides that: "Bosnia and Herzegovina shall be a democratic state,
which shall operate under the rule of law … ";
Observing that in order to strengthen democratic principles and the
rule of law it is essential that the State Institutions of Bosnia and
Herzegovina should have the power inter alia to legislate in regard to
judicial bodies throughout Bosnia and Herzegovina ;
Considering that Article IV.C.4 subparagraph 4 the Constitution of the
Federation of Bosnia and Herzegovina, as amended by my Decision 161/02 of 23 May
2002, provides inter alia that “the High Judicial and Prosecutorial
Council shall ensure the autonomy, independence, impartiality, competence and
efficiency of the judiciary and the prosecutorial service in the Federation” and
that “the composition and the additional responsibilities of the High Judicial
and Prosecutorial Council shall be defined by law”; and
Further taking into account the totality of the matters aforesaid I hereby
issue the following Directive and Decision:
DIRECTIVE
The Prime Ministers of the Federation ofBosnia and Herzegovina and the
Republika Srpska are hereby directed to make draft proposals within thirty (30)
days for negotiations pursuant to Article III: 5 (b) of the Constitution of
Bosnia and Herzegovina with a view to transferring to the State Institutions of
Bosnia and Herzegovina full competence in regard to the judiciary of Bosnia and
Herzegovina to enable a single High Judicial and Prosecutorial Council for
Bosnia and Herzegovina which is being created at the State level, to be fully
competent as aforesaid. Such draft proposals must be exchanged within such
period of thirty (30) days with a view to the required negotiations
commencing no later than a further thirty (30) days thereafter.
DECISION
Enacting the Law on the High Judicial and Prosecutorial
Council of the Federation of Bosnia and Herzegovina
The Law which follows shall come into effect as provided for in Article 87
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 amendment and
with no conditions attached.
This Decision shall come into effect forthwith and shall be published without
delay in the official Gazettes of the Federation of Bosnia and Herzegovina and
its Cantons.
Sarajevo, 23 May, 2002
Wolfgang Petritsch
High Representative
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