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”;
Recallingthe importance which the international community has
attributed to the Law on Civil Service in the Institutions of Bosnia and
Herzegovina as part of establishing the rule of law and reinforcing the common
institutions in Bosnia and Herzegovina;
Noting by way of example of the said attribution, the priority
given by the Peace Implementation Council at its meeting held in Madrid on 16
December 1998 to the creation of a professional and apolitical civil service as
a vital component of any effectively functioning state; and noting further the
full support it expressed for the High Representative’s determination to
strengthen the common institutions by working with the Bosnia and Herzegovina
authorities to provide for a professional and politically independent
civil service in governmental institutions of Bosnia and Herzegovina;
Recallingthat the Law on Civil Service in the Institutions of
Bosnia and Herzegovina, was adopted by the Parliamentary Assembly of Bosnia and
Herzegovina on 3 July 2002 (Official Gazette of Bosnia and Herzegovina, 12/02),
and recalling further that this law foresees a period of three months for the
external advertisement of a civil service vacancy and a period of one month for
internal advertisement;
Considering that experience has shown that efficiency requires
shorter periods to be provided for which will nevertheless enable potential
returnees to have the opportunity of becoming civil service candidates;
Conscious of the needto facilitate an open, transparent and
rapid selection and recruitment process for all civil servants in governmental
institutions of Bosnia and Herzegovina.
Having considered and borne in mind the totality of the matters
aforesaid, the High Representative hereby issues the following
DECISION
Enacting the Law on Amendments to the Law on Civil Service in
the Institutions of Bosnia and Herzegovina
The said law shall enter into force as a law of Bosnia and Herzegovina, with
effect from the date provided for in Article 4 thereof, on an interim basis,
until such time as the Parliamentary Assembly of Bosnia and Herzegovina 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 Bosnia and Herzegovina, Official Gazettes of
the Entities and the Official Gazette of District Brcko.
Sarajevo, 13 March
2003
Paddy Ashdown
High Representative
The Law on Civil Service in the Institutions of Bosnia and Herzegovina shall
be amended as follows:
Article 1
In Article 20.2 the words “one month” shall be replaced by the words and
numerals “twenty (20) days”.
Article 2
In Article 21.2 the words “three months” shall be replaced by the words and
numerals “thirty (30) days”.
Article 3
In Article 63.4 a) the words “three months” shall be replaced by the words
and numerals “thirty (30) days”.
Article 4
This Law shall come into force on 13 March
2003.
