Rule of Law in Bosnia and Herzegovina – the Transformation of the High Judicial and Prosecutorial Council

Policy Recommendations

  1. Full institutional and financial independence of the judiciary must be ensured on judicial levels, following the example of the Brčko District.
  2. Amending specific aspects and provisions of disciplinary procedures and elaborating ethical codes in order to further develop, clarify and promote the application of highest ethical standards within the judiciary would be a measure particularly important for restoring the public trust in judiciary.
  3. The revised Law on the High Judicial and Prosecutorial Council should ensure a comprehensive reform of its functioning given its immense influence – while the independence from external factors should be strengthened, internally it should be restructured to avoid the concentration of power. The Office of the Discipline Council, particularly, needs full institutional, financial and personal independence from the High Judicial and Prosecutorial Council.