Today, the High Representative, Wolfgang Petritsch, issued two Decisions aimed at improving the work and enhancing the independence of the judicial system in Bosnia and Herzegovina. In the first Decision the High Representative has imposed the Law on Amendments to the Law on Judicial and Prosecutorial Service in the Federation of Bosnia and Herzegovina. The second Decision enables cases to be allocated, within the same entity, to a court other than the one where they were originally scheduled to be tried.

The Law on Amendments to the Law on Judicial and Prosecutorial Service, which has been approved by the Federation government, is key to the efficient administration of justice in the Federation. It will ensure the effective separation of the political and judicial processes and will address the problem of certain executive authorities in the Federation, which refuse to make judicial appointments within the established legal framework. Additionally, the Law on Amendments will work to prevent the mass simultaneous expiration of mandates which has previously occurred in parts of the Federation, threatening the effective and timely administration of justice.

The High Representative has therefore imposed the Law, including amendments proposed by the Federation government itself, in order to facilitate the work of the government and help establish the Rule of Law in the Federation.

Among the provisions of the Law:

-- the Amendment further ensures that the authorities responsible for the appointment, discipline and dismissal process for judges and prosecutors will conduct their business according to objective criteria based on proper professional qualifications and transparent procedures;

-- the Amendment introduces a clearly defined, legally binding procedure to regulate judicial and prosecutorial mandates in order to avoid any future disruptions to the efficient and proper administration of justice;

-- the Amendment further provides that professors of the Faculties of Law in Bosnia and Herzegovina in the fields of constitutional law, criminal law or criminal procedure law, civil law or civil procedure law, administrative law, commercial law or family law may be appointed as judges of the Federation Constitutional Court without having passed the bar examination. This reflects provisions in the laws on Constitutional court and the Court of BIH.

The implementation of the Law will contribute to the depoliticisation of the judiciary and the establishment of an effective and politically independent court system in the Federation.

The High Representative's second decision provides for the transfer and allocation of cases and the bestowal of competency on prosecutors and courts dealing with criminal offences where the interests of justice require cases to be heard and investigated at a different venue. The High Representative's second decision is intended to ensure that judges and prosecutors in BiH are not exposed to undue pressure. It does not represent a criticism of any prosecutor, court or judge in BiH.

An independent impartial judiciary free from political interference, direct or indirect, must exist if the aspiration of democratic government is to be met. Without it there can be no Rule of Law, no sustainable economic development and no effective protection of citizens’ rights.