Participants from Bosnia and Herzegovina and experts in front of the IRZ building in Bonn Bosnien und Herzegowina
The length of court proceedings is one of the key challenges facing many constitutional states. That is why the EU urges the Western Balkan candidate countries to speed up their court proceedings in its country reports.
However, delays in proceedings are only partly due to legal regulations. The active exercise of judicial power can also have a major impact on speeding up proceedings. The use of so-called “soft skills” in conducting negotiations can have a positive effect on the efficiency of proceedings.
In the opinion of IRZ and its long-standing partner in Bosnia and Herzegovina, the Centre for the Training of Judges and Prosecutors of the Federation of Bosnia and Herzegovina (CEST FBIH), German negotiation practice offers many ideas in this regard. That is why our joint activities are currently focusing on active and effective judicial negotiation. Of particular note here is a study visit for young Bosnian judges to Cologne and Bonn in July. In addition to theoretical training, the visit included visits to the regional courts in Cologne and Bonn to gain a direct impression of the practical work involved. The participants were particularly impressed by the active conduct of the proceedings by the German judges and the collegial relationship between the lawyers involved in the proceedings.
One participant summed up the visit in a post on LinkedIn: “We felt part of a community committed to the rule of law.”
The participants of workshop in Belgrade Western Balkans region
At the end of 2024, German-speaking (junior) lawyers and language mediators from Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia, who had already taken part in various internships, language courses and courses on German law organised by the IRZ, discussed current topics in German law and the participating countries at the Institute for Comparative Law in Belgrade.
The aim of the workshop, which was conducted entirely in German, was not only to strengthen the legal knowledge of the alumni, but also to improve their ability to exchange ideas in German on legal issues and to network with each other.
The participants themselves also gave presentations on topics such as the legal requirements for the EU accession sought by the partner states in the Western Balkans and comparative legal presentations on German law and the law of the region. Other priorities were constitutional law and legal training for trainee lawyers in Germany on the occasion of the 75th anniversary of the Basic Law.
The extensive programme of events was interspersed with entertaining elements such as a quiz on German law and the presentation of a birthday cake for the Basic Law, which was accepted by the Deputy Head of Mission of the Embassy of the Federal Republic of Germany in Serbia, Mr Carsten Meyer-Wiefhausen.
2nd from left: Former judge at the Federal Constitutional Court Prof Dr Gabriele Britz Bosnia and Herzegovina
The application of fundamental rights in environmental and climate protection by Constitutional Courts was the subject of a regional conference of the Constitutional Courts of the Western Balkans, which was organised by the IRZ together with the Constitutional Court of Bosnia and Herzegovina from 26 – 28 November 2024 in Tuzla.
The venue was carefully chosen in view of the topic discussed. As a major industrial centre, Tuzla is considered to be the city in Bosnia and Herzegovina with the greatest environmental impact.
On the basis of the environmental protection practice of the participating courts and the 2021 climate protection decision of the Federal Constitutional Court, the presidents of the Constitutional Courts of Bosnia and Herzegovina, North Macedonia, Serbia and the EU member states Croatia and Slovenia discussed the issue together with Prof Dr Gabriele Britz, former judge at the Federal Constitutional Court.
All participants agreed that the case-law of the Constitutional Courts should no longer be aimed solely at the present, but should also look to the future in order to protect future generations. They also unanimously emphasised the human rights component of climate protection. The results of the event will be summarised by the Constitutional Court of Bosnia and Herzegovina in a conference volume that will increase sustainability and provide an insight into the case-law of the constitutional courts of the Western Balkan states and the Federal Constitutional Court on environmental and climate protection.
