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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”;
Mindful of paragraph I.2.a of the Conclusions of the said Bonn Conference, which
recognised “that an impartial and independent judiciary” was “essential to the
rule of law and reconciliation withinBosnia and
Herzegovina”;
Noting the Annex to the Declaration of the Peace Implementation
Council of 16 December 1998, in which the Steering Board urged “the adoption by
30 June 1999 of legislation to achieve an independent and impartial judiciary,
focusing on judicial and prosecutorial appointments, adequate salaries and
objective standards for appointment of judges and prosecutors, consistent with
those of European democratic practice, and the promotion of a multi-ethnic
judiciary throughout Bosnia and Herzegovina.”;
Recognizing that a Decision on Temporary Financing of Court and
Prosecutor’s Office of Bosnia and
Herzegovina
was
adopted by the Council of Ministers and published in the Official Gazette of
Bosnia and Herzegovina No 29/03;
Realizing that the financial situation within the judiciary and
the prosecution at all levels in Bosnia and Herzegovina continues to be
extremely critical and that the yearly costs of salaries and benefits for judges
and prosecutors clearly represents a disproportionate part of the overall
budgets;
Realizingfurther that the current situation is unsustainable
and could lead to a collapse of the judiciary in
Bosnia
and Herzegovina ;
Notingthe Communiqué by the Steering Board of the Peace
Implementation Council of 3 December 2004, in which the Steering Board
underlined 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” and in which it fullysupported “the urgent
need to review judicial salaries in order to ensure the proper allocation of
funds to enable the judicial system to work effectively.”
Noting further that, to avoid a further deterioration of the
situation, the High Representative froze judicial salaries in the Entities in
December, 2004 and that a Working Group, consisting of the representatives from
the ministries of justice at Entity and Bosnia and Herzegovina levels, Brcko
District Judicial Commission, the High Judicial and Prosecutorial Council of
Bosnia and Herzegovina as well as judges and prosecutors associations in both
Entities, was established and tasked with reviewing judicial salaries and
drafting new legislation;
Welcoming the recommendations of the Working Group that
salaries for judges and prosecutors should be harmonized between the Entities,
that the benefits that were eliminated by the Entity Parliaments in 2003 should
not be reinstated, that salaries for judges and prosecutors should be modestly
reduced, that the current salaries should continue to be frozen until the
average salary in Bosnia and Herzegovina has reached a certain level, that when
the salaries again start to increase they will increase with the same percentage
as the average salary in Bosnia and Herzegovina thus securing a fixed ratio
between the average salary in Bosnia and Herzegovina and judicial salaries as
well as continued harmonization between the Entities;
Welcoming the fact that the High Judicial and Prosecutorial
Council of Bosnia and
Herzegovina , at
its session held on 23 August 2005, has supported the recommendations of the Working Group;
Noting that the Registry of the Court of Bosnia and Herzegovina
was created by an international agreement, but is planned to be integrated into
the Court some time in the future;
Mindful of the Communiqué by the Steering Board of the Peace
Implementation Council of 24, June 2005 by which it indicated that it remained
worried “over the fiscal sustainability challenge faced by
Bosnia and Herzegovina ’s governments”;
Realizing that implementation of the recommendations of the
Working Group is critical for a functioning judicial system in Bosnia and
Herzegovina and that in this respect it is paramount that they take effect from
the beginning of the upcoming budget year starting 1 January, 2006;
Having considered and borne in mind all these matters, the High
Representative hereby issues the following:
DECISION
Enacting the Law on Salaries and Other Compensations in
Judicial and Prosecutorial Institutions at the Level of
Bosnia and
Herzegovina
Which is hereby attached as an integral part of this Decision.
The said Law shall enter into force as a law of Bosnia and Herzegovina, with
effect from the date provided for in Article 20 thereof, unless the said Law is
adopted in the same text, in due form, without amendment and with no conditions
attached by the Parliamentary Assembly of Bosnia and Herzegovina before 31
December 2005. Should such a Law be adopted by the Parliamentary Assembly of
Bosnia and
Herzegovina
in a
different text, with amendments or with conditions attached, such Law shall not
enter into force.
In the event that the Law attached as an integral part of this Decision
enters into force in accordance with the terms of this Decision, it shall enter
into force 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 the Bosnia and
Herzegovina”.
Sarajevo, 9 December
2005
Paddy Ashdown
High Representative
LAW ON SALARIES
AND
OTHER COMPENSATIONS
IN JUDICIAL
AND PROSECUTORIAL INSTITUTIONS
AT THE LEVEL OF BOSNIA
AND
HERZEGOVINA
I
GENERAL PROVISIONS
Article 1
Scope of this Law
This Law regulates the salary, compensations and certain material rights of
Judges, Prosecutors and certain categories of professional staff in judicial
institutions at the level of Bosnia and
Herzegovina.
II
SALARY AND
OTHER RIGHTS AND COMPENSATIONS
FOR JUDGES
AND PROSECUTORS
Article 2
Basic Monthly Salary of Judges of the
Constitutional
Court
of Bosnia and
Herzegovina
The Basic Monthly Salary shall be as follows:
(a) For Judges of the Constitutional Court of Bosnia and
Herzegovina: 4.200 KM.
(b) For the President of the Constitutional Court of
Bosnia and Herzegovina: 4.800 KM.
Article 3
Basic Monthly Salary of Judges
of the Court of Bosnia and Herzegovina
The Basic Monthly Salary shall be as follows:
(c) For Judges of the Court of Bosnia and
Herzegovina: 3,800 KM
(d) For Heads of Departments of the Court of Bosnia and
Herzegovina: 4,000 KM.
(e) For the President of the Court of Bosnia and
Herzegovina: 4,400 KM.
Article 4
Basic Monthly Salary of Prosecutors
of the Prosecutor’s Office of
Bosnia and
Herzegovina
The Basic Monthly Salary shall be as follows:
a) For Prosecutors of the Prosecutor’s Office
of Bosnia and Herzegovina : 3,800 KM.
b) For Heads of Sections of the Prosecutor’s
Office of Bosnia and Herzegovina : 4,000 KM.
c) For the Chief Prosecutor of the Prosecutor’s
Office of Bosnia and Herzegovina : 4,400 KM.
Article 5
Supplement for Experience
The Basic Monthly Salary for each category of Judge and Prosecutor under
Articles 2, 3 and 4 of this Law shall be supplemented by 0.5% for each complete
year of work experience up to a maximum of 40 years.
Article 6
Regulation of the Basic Monthly Salary
1. The salaries stipulated in
Articles 2, 3 and 4 of this Law shall not be increased until such time as the
average monthly net salary of
Bosnia and Herzegovina
, calculated over a calendar year,
has reached or exceeded 800 KM.
2. From the year subsequent to the
year in which the average monthly net salary of Bosnia and Herzegovina,
calculated over a calendar year, first reaches or exceeds 800 KM, the Basic
Monthly Salary of Judges and Prosecutors as stipulated in Articles 2, 3 and 4
respectively shall be adjusted annually by the percentage increase in the
average monthly net salary of Bosnia and Herzegovina.
3. The percentage increase
referred to in paragraph 2 of this Article shall be derived by comparing the
average monthly net salary in Bosnia and Herzegovina over a calendar year with the
average monthly net salary in Bosnia and Herzegovina in the previous calendar year.
4. In the event that in any year
the average monthly net salary of Bosnia and Herzegovina, calculated over a
calendar year, decreases, the Basic Monthly Salary of Judges and Prosecutors
shall remain the same and shall not increase again until such time as the
average monthly net salary of Bosnia and Herzegovina, calculated over a calendar
year, reaches its highest level since the first increase in salaries in
accordance with paragraph 2 of this Article. Thereafter, the salaries of
Judges and Prosecutors shall increase in accordance with paragraph 2 of this
Article.
5. The average monthly net salary
shall be as per data published by the Agency for Statistics of Bosnia and
Herzegovina.
Article 7
Working Hours
1. The working hours for
Judges and Prosecutors shall be 40 hours per week.
2. If a Judge or a Prosecutor
works on a part time basis in accordance with specialized legislation or
regulations, the Basic Monthly Salary under Article 2, 3 and 4 of this Law
respectively shall be adjusted according to the number of days worked in
relation to the number of normal working days in that month.
Article 8
Annual Paid Leave and Leave for Religious Purposes
1. Judges and Prosecutors
shall be entitled to 30 working days of paid annual leave.
2. In addition to the annual
leave entitlement in paragraph 1 of this Article, Judges and Prosecutors shall
be entitled to two paid and two unpaid days of leave in order to fulfil their
religious obligations.
3. All Judges and Prosecutors
shall be entitled to a net holiday allowance amounting to 50% of the Basic
Monthly Salary stipulated in item a) of Article 2 of this Law.
4. The net holiday allowance
referred to in paragraph 3 of this Article shall be paid in addition to the
ordinary salary in July of each year regardless of when annual leave is taken.
5. The Annual Paid Leave for
each Judge and Prosecutor shall be regulated in an Annual Leave Plan to be
determined by the Court President or Chief Prosecutor on an annual basis in
accordance with the internal regulations for the operation of the Constitutional
Court of Bosnia and Herzegovina, the Court of Bosnia and Herzegovina and the
Prosecutor’s Office of Bosnia and Herzegovina respectively.
Article 9
Extraordinary Paid Leave
In addition to the Annual Leave and Leave for Religious Purposes as provided
for in Article 8 of this Law, Judges and Prosecutors shall be entitled to up to
seven paid leave days in a calendar year, as follows:
(i) In the event of his/her
marriage: 5 days;
(ii) In the event of the death of
his/her Close Relative (Spouse, Partner, Father, Mother, Step Father, Step
Mother, Child, Step-Child, Brother, Sister, Step-Brother, Step-Sister): 3
days;
(iii) In the event of the death of
his/her Less Close Relative (Grand-Father, Grand- Mother or a Close Relative of
his/her spouse or partner): 1 day;
(iv) In the event of the birth of his
child: 2 days;
(v) In the event of a move from one
permanent residence to another: 1 day.
Article 10
Leave of Absence with Pay
1. The High Judicial and
Prosecutorial Council may decide that a Judge or Prosecutor shall continue to
receive his/her salary during a leave of absence granted by the High Judicial
and Prosecutorial Council in accordance with Article 17, item 13 of the Law on
the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (Official
Gazette of Bosnia and Herzegovina, no. 25/04).
2. Regulations shall be
promulgated by the High Judicial and Prosecutorial Council in cooperation with
the Ministry of Justice of Bosnia and Herzegovina in respect of the
circumstances in which a Judge or Prosecutor shall continue to receive his/her
salary during a leave of absence referred to in paragraph 1 of this Article.
Article 11
Compensation when Retiring
Judges and Prosecutors are entitled to one Basic Monthly Salary, as
stipulated under Article 2, 3 and 4 of this Law respectively as compensation
when retiring.
Article 12
Health Insurance and Sick Leave
Judges and Prosecutors are entitled to health insurance and sick leave in
accordance with the relevant laws on health insurance in either the Republika
Srpska or the Federation of Bosnia Herzegovina depending on the permanent
residence of the Judge or Prosecutor.
Article 13
Pension and Disability Insurance
Judges and Prosecutors are entitled to pension and disability insurance in
accordance with the relevant laws on pensions and disability insurance in either
the Republika Srpska or the Federation of Bosnia Herzegovina depending on the
permanent residence of the Judge or Prosecutor.
Article 14
Travel Costs
Regulations shall be promulgated by the High Judicial and Prosecutorial
Council in cooperation with the Ministry of Justice of Bosnia and Herzegovina in
respect of the circumstances in which a Judge or Prosecutor shall be entitled to
compensation for costs incurred for travel undertaken in the course of carrying
out their official duties (per diem, transport and accommodation expenses) and
the amount of such compensation. For the Constitutional Court of Bosnia and
Herzegovina such regulations shall be promulgated by the Constitutional Court of
Bosnia and Herzegovina in cooperation with the Ministry of Justice of
Bosnia and
Herzegovina.
Article 15
Compensation for Educational Expenses
Judges and Prosecutors are entitled to compensation for educational expenses
in accordance with the internal regulations for the operation of the
Constitutional Court of Bosnia and Herzegovina, the Court of Bosnia and
Herzegovina and the Prosecutor’s Office of Bosnia and
Herzegovina
respectively.
Article 16
Compensation for Assignment with or without Consent
In the event that a judge is assigned to perform judicial service at another
court in accordance with Article 50 or Article 51 of the Law on the High
Judicial and Prosecutorial Council, he/she shall be entitled to compensation for
his/her expenses in accordance with regulations promulgated by the High Judicial
and Prosecutorial Council in cooperation with the Ministry of Justice of Bosnia
and Herzegovina.
III
SALARY AND
OTHER RIGHTS AND COMPENSATIONS
FOR CERATIN CATEGORIES OF PROFESSIONAL STAFF
Article 17
Basic Monthly Salary
1. The Basic Monthly Salary
of the following professional staff shall be:
a) For the General Secretary of the
Constitutional Court of Bosnia and Herzegovina and the Director of the
Secretariat of the High Judicial and Prosecutorial Council of
Bosnia
and Herzegovina : 3.800 KM.
b) For the Registrar of the Constitutional
Court of Bosnia Herzegovina, the Registrar of the Court of Bosnia and
Herzegovina and the Deputy Director of the Secretariat of the High Judicial and
Prosecutorial Council of Bosnia and Herzegovina: 3.400 KM.
c) For the General Secretary of the Court of
Bosnia and Herzegovina and the Secretary of the Prosecutor’s Office of Bosnia
and
Herzegovina
and the Disciplinary Counsel of the Secretariat of the High Judicial
and Prosecutorial Council of Bosnia and
Herzegovina
:
3,000 KM.
d) For Heads of Department of the
Constitutional Court of Bosnia and Herzegovina: 2.800 KM.
e) For Senior Legal Advisors of the
Constitutional Court of Bosnia and Herzegovina and Heads of Department and Senior
Advisors of the Secretariat of the High Judicial and Prosecutorial Council of
Bosnia and Herzegovina : from 2.400 to 2.600 KM.
f) For Legal Advisors of the
Constitutional Court of Bosnia Herzegovina, Assistant General Secretary of the
Court of Bosnia and Herzegovina, Legal Advisors of the Court of Bosnia
Herzegovina and Senior Lawyers and Deputy Heads of Department of the High
Judicial and Prosecutorial Council of Bosnia Herzegovina: from 1,900 to 2,400
KM.
g) For Judicial Associates of the
Constitutional Court of Bosnia Herzegovina, Judicial Associates and Secretaries
of Departments of the Court of Bosnia Herzegovina, Prosecutorial
Associates/Assistants of the Prosecutor’s Office of Bosnia Herzegovina and
Junior Lawyers/Professional Staff of the Secretariat of the High Judicial and
Prosecutorial Council of Bosnia Herzegovina: from 1,200 to 1,800
KM.
2. The criteria for determining salaries in the
ranges prescribed in paragraphs 1 (e), (f) and 1(g) of this Article shall be
regulated in the internal regulations of the respective institutions.
Article 18
Other Compensations and Material Rights
1. Articles 5 - 7, paragraphs 2, 4 and 5 of Article 8, Article 9 and
Articles 11-15 of this Law shall be applicable to all categories of staff
stipulated in Article 17 of this Law.
2. Those categories of staff referred to in paragraph 1(a) to 1(e) of
Article 17 of this Law shall be entitled to 30 days of paid annual leave.
3. Those categories of staff referred to in paragraph 1(f) and 1(g) of
Article 17 of this Law shall be entitled to 25 days of paid annual leave.
4. All categories of staff referred to in Article 17 shall be entitled
to a net holiday allowance amounting to 50% of their Basic Monthly Salary
stipulated in Article 17.
IV
FINAL PROVISIONS
Article 19
Repealing of Provisions
The provisions contained in other laws, regulations or decisions at the level
of
Bosnia and Herzegovina
that conflict with this Law shall
cease to have effect on the day of the entry into force of this Law.
Article 20
Publication and Entering into Force
This law shall enter into force from 1 January 2006.
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