11/14/2008 OHR Brcko

Brcko Supervisor Amends the Brcko District Law on Civil Service

Brcko Supervisor Dr Raffi Gregorian yesterday issued a Supervisory Order amending the Brcko District Law on Civil Service in Administrative Bodies of Brcko Distric of Bosnia and Hertzegovina.

The current law was found to be inconsistent with legislation of the State of Bosnia and Herzegovina in the part that regulates suspension from duty of civil servants that are subject to criminal  investigation.

The Supervisor was concerned that criminal investigations important to the state security of Bosnia and Herzegovina and related to its pre-accession obligations to the European Union may be impeded by such inconsistency between related District and State Laws.

“I am mindful of the need to assure that legislation of Brcko District, which the Arbitral Tribunal refers to as an “institution of BiH,” is harmonized to the greatest degree possible with relevant legislation of the State of Bosnia and Herzegovina” the Supervisor said.

The amendment to the law is of a technical nature but important and time-critical and thus must not bear a delay until the District Assembly is again in a regular mandate.

Therefore, the Supervisor decided, after consultations with representatives of the Brcko District Government, to enact the amendment by way of a Supervisor Order to ensure  legal certainty for all civil servants of Brcko District of Bosnia and Herzegovina.