The protection of human rights as the driving force behind the development of family law

Prof. Dr. Anita Duraković, Professor in Family Law at the Faculty of Law at Džemal Bijedić University in Mostar, during her lecture
Prof. Dr. Anita Duraković, Professor in Family Law at the Faculty of Law at Džemal Bijedić University in Mostar, during her lecture
Bosnia and Herzegovina

The seventh “Family Law” day was held in Mostar on 26 and 27 September 2019. This year's theme for the international conference organised jointly by the IRZ and the Faculty of Law at the Džemal Bijedić University was “Human rights as the driving force behind the development of family law”. The event was aimed at lawyers from both universities in Mostar and at family law practitioners.

The following lectures were given at the conference:

  • Prof. Dr.Zoran Ponjavić (Kragujevac, Serbia): Family law, from institutions to contracts
  • Prof. Dr. Sc. Suzana Kraljić (Maribor, Slovenia): Age discrimination and family law: Examples from the areas of marriage, adoption and child custody in Slovenia
  • Dr. Sc. Mirjana Nadaždin (Mostar, Bosnia and Herzegovina): The prevention of violence against women and in the family – the relationship between normative and social reality
  • Prof. Dr. Anita Duraković (Mostar, Bosnia and Herzegovina): The influence of human rights on international family law
  • Prof. Dr. Larisa Velić/ lecturer Dr. Enis Omerović (Zenica, Bosnia and Herzegovina): The UN Convention on the Rights of the Child and its protocols, in particular with regards to the legal protection of the child’s assets and interests: Complete and effective protection of the child or incomplete and ineffective obligations of the contracting parties?
  • Prof. Dr. Darko Radić (Banja Luka, Bosnia and Herzegovina): Improving the legal capacities of the child – a child’s right to freedom of speech and the capacity of a child to make legal decisions
  • Lecturer Dr. Slađana Aras Krama (Zagreb, Croatia): Some of the procedural aspects involved in granting parental responsibility for child custody to people with disabilities in Croatian law
  • Prof. Dr. Dušica Palačković (Kragujevac, Serbia): The determination of marriage, non-marriage and paternity and the rights of children to find out about their parents; the protection of children’s rights in civil law in court proceedings in the Republic of Serbia (is our legal system suitable for children?)
  • Prof. Dr. Nenad Hlača (Rijeka, Croatia): “Living apart together”
  • Lecturer Dr. Ajdin Huseinspahić (Zenica, Bosnia and Herzegovina): Protecting the personal rights of the child in Bosnian-Herzegovinian law as a prerequisite for family protection
  • Dipl. Iur. Katja Drnovšek/ Dipl. Iur. Katja Markač Hrovatin (Maribor, Slovenia): From parental rights to parental responsibility: Developments in Slovenian family law

The lectures were met with great interest and discussed in detail by the participants. The welcome speech by the Minister for Education and Science for the Federation of Bosnia and Herzegovina, Prof. Dr. Elvira Dilberović, at the start of the conference and reports in the media (Mostar: Znanstveni skup o obiteljskom pravu) underline the importance of this event, which has now become a tradition.

Expert discussions on “Disciplinary law for judges and public prosecutors”

BIH

On 28 May 2019 the IRZ took part in expert discussions in Sarajevo on “Disciplinary law for judges and public prosecutors“ at the Disciplinary Public Prosecutor’s Office for Judges and Public Prosecutors. The Disciplinary Public Prosecutor’s Office is an independent organisational unit within the High Council of Judges and Public Prosecutors. The IRZ was welcomed by several discplinary public prosecutors led by the Disciplinary Public Prosecutor General, Mirza H. Omerović. The Director of the Local Court of Wolfratshausen and President of the Bavarian Association of Judges, Andrea Titz, took part in the expert discussions as German expert.

The event was organised against the background of the recommendations of the Venice Commission to amend the disciplinary law for judges and public prosecutors in Bosnia and Herzegovina in essential points. Therefore, the hosts wanted to learn about the respective provisions in Germany and their implementation in practice.

Event on the conduct of court hearings by judges

During the event
During the event
BIH

On 27 and 28 May 2019 the IRZ, in cooperation with the Centre for Education of Judges and Public Prosecutors of the Federation of Bosnia and Herzgovina (CEST BiH), organised a two-day event on the topics “Preparation of judges for the court hearing” and “Conduct of court hearings and delivery of judgements”. The local co-speaker was Adnan Baručija, Judge at the Cantonal Court in Zenica. Andrea Titz, Director of the Local Court of Wolfratshausen and President of the Bavarian Association of Judges, attended the event as IRZ expert.

The event dealt with the similarities and differences in procedural law in Germany and Bosnia and Herzegovina. The approximation of Bosnia and Herzegovina’s civil procedure law to the German regulations was also addressed using the example of the revised version of Article 7 of the Code of Civil Procedure of the Federation of Bosnia and Herzegovina, which now also provides for the principle of producing evidence.

Another topic which was covered in detail was that civil courts were obliged to contribute to settlements to expedite proceedings. The focus of the discussions was therefore on the question in which areas it was justified to speak of the guiding principle of a passive or active law. Comparing the two countries, however, it also became clear that a revision of the procedural law alone would not lead to an acceleration of proceedings, as there are other factors which play a major role here: These are, amongst others, the different mentalities of the judges, the parties or the law concerning lawyer’s fees.