Details

Bosnia and Herzegovina - annual report 2019

Published: July 1, 2020
Seminar on “The prevention of money laundering“ in cooperation with the Bar Association of the Republika Srpska; during the lecture by Harriet Krüger (on the left, at the lectern): Borislav Čvoro, investigator with SIPA, Rita Linderoth, IRZ, and President of the Bar Branislav Rakić (from left to right)
Seminar on “The prevention of money laundering“ in cooperation with the Bar Association of the Republika Srpska; during the lecture by Harriet Krüger (on the left, at the lectern): Borislav Čvoro, investigator with SIPA, Rita Linderoth, IRZ, and President of the Bar Branislav Rakić (from left to right)

Strategic Framework

Legal Policy Starting Point

Bosnia and Herzegovina, which submitted an application for accession to the EU in 2016, started late with its transformation process due to the war. Implementation of the standards of the rule of law is therefore a matter of particular urgency. Given that the legal system in Bosnia and Herzegovina is traditionally orientated towards the continental European law, advice from German partners is especially sustainable. The distinctly federal system, whose entities cooperate only to a limited extent, presents particular challenges in Bosnia and Herzegovina

Overall Concept

IRZ is currently prioritising basic and further legal training in Bosnia and Herzegovina and provides support for measures in the areas of civil and commercial law in particular. IRZ also cooperates closely with the Constitutional Court of the State of Bosnia and Herzegovina. As part of its activities, IRZ consciously seeks to create opportunities for members of different ethnic groups to meet as a means of counteracting ethnic tensions.

In addition to the Constitutional Court, the most important partners in the country include the education centres for judges and public prosecutors, the faculties of law at the universities of Sarajevo and Zenica and the legal aid organisation Vaša Prava.

Focus of Activity in 2019

Constitutional Law/Human Rights and their Enforceability

  • Regional Conference “Religious freedom in constitutional case-law“ together with the Constitutional Court of the State of Bosnia and Herzegovina (BaH) in Teslić
  • Publication of the presentations from the aforementioned conference in a conference transcript
  • Participation of the President of the Constitutional Court of BaH and another judge in the Regional Conference “Separation of powers and balance of powers“ in Podgorica
  • Publication of selected decisions of the Constitutional Court of BaH in 2018

Civil and Commercial Law

  • Publication of the journal “Nova pravna revija - časopis za domaće, njemačko i evropsko pravo“, for short: NPR (New Legal Review a journal of regional, German and European law), administration and expansion of the NPR website (www.nova-pravna-revija.info) with an extensive download section
  • Seminars in the further training programme at the FBaH Judicial Training Centre in Sarajevo on the topics
    • “The collective legal protection system in BaH law in light of EU law (consumer protection and non-discrimination)“
    • “Relationship between EU law and national law with particular reference to consumer law“.
    • “Preparation of judges for court hearings“
    • “Conducting proceedings and issuing decisions“

Administration of Justice

  • Regional conference on “Human rights protection as a driving force for the development of family law“ together with the Faculty of Law at the Djemal Bjedic University in Mostar as part of the traditional annual international “Family Law Days“
  • Publication of the presentations from the aforementioned conference in a conference transcript
  • Experts‘ discussion for judges and public prosecutors on the subject of “Disciplinary law for judges and public prosecutors“ at the Office of the Disciplinary Prosecutor, an independent organisational unit within the High Judicial and Prosecutorial Council
  • Distribution of further IRZ publications in the regional languages in Bosnia and Herzegovina
  • Preparation of an expert opinion for the EU Delegation in Sarajevo on effective legislation in federal states using the example of the Federal Republic of Germany

Criminal Law and Penitentiary Law

  • Seminar “Preventing money laundering – the application of legal regulations governing the practice of lawyers in the Republika Srpska in comparison with German lawyers‘ duties with regard to preventing money laundering“ as the first joint event between IRZ and the Bar Association of Republika Srpska

Basic and Further Training

  • Seminar “Disputes under labour law – application in practice of the new regulations under labour law, with particular consideration of occupational safety, mobbing and discrimination“ in cooperation with the legal aid organisation Vaša Prava in Sarajevo
  • Event on the influence of German law on the law of BaH during the graduation ceremony for the third generation of students of the German-language supplementary studies in German law at the Faculty of Law in Sarajevo
  • Popularisation of German and European law through further expansion of the “IRZ Library of German Law“ at the Faculty of Law in Sarajevo and provision of literature for researchers and students at the Faculties of Law in Eastern Mostar and Zenica

Outlook

In 2020, IRZ will push ahead and consolidate its project work in Bosnia and Herzegovina in close cooperation with its partners. A particular priority will be to continue cooperation with the country‘s Constitutional Court and the two education centres for the judges and public prosecutors. As a means of supporting legal harmonisation, IRZ is also willing to return to providing legislative advice once the current reform backlog has been cleared. In this regard, it is particularly interested in contributing its experience with federalism in regard to the legislation that the cantons in the Federation of Bosnia and Herzegovina are required to harmonise.