Information on data protection: The protection of personal data is important to us. No usage data is therefore stored on this website. This website uses functional cookies only.
Functional cookies are required for the website to function properly. You can disable these cookies in your browser settings. Please be aware that this will restrict the functionality of the website significantly.
Bosnia and Herzegovina, whose Stabilisation and Association Agreement with the EU entered into force on 1 June 2015 and which applied for accession to the EU the following year, was late to start transforming its legal system due to the war. Implementing rule of law standards is therefore, a matter of even greater urgency. Difficulties associated with project work in Bosnia and Herzegovina emerge in connection with the pronounced federal system, as both entities only cooperate to a limited extent, which encourages fragmentation of the law. Moreover, internal political conflicts still lead to reform standstill. Local elections scheduled for 2020 also had to be postponed due to the COVID-19 pandemic.
Overall Concept
IRZ prioritises the basic and further training of lawyers in Bosnia and Herzegovina due to the situation described above. In this context, IRZ supports events on civil and commercial law at the Centre for Judicial and Prosecutorial Training (CEST) of the entities Federation of Bosnia and Herzegovina in Sarajevo and Republika Srpska in Banja Luka and at the law faculties of the universities of Sarajevo, Mostar and Zenica.
Moreover, IRZ cooperates closely with the Constitutional Court of Bosnia and Herzegovina and with the Vaša Prava legal aid organisation in the area of human rights. As part of its activities, IRZ invites members of different ethnic groups to attend its measures as a means of counteracting ethnic tensions.
Focus of Activity in 2020
Constitutional Law, Human Rights and their Enforceability
Virtual, regional Constitutional Court conference “Dissenting votes in constitutional decisions” together with the Constitutional Court of Bosnia and Herzegovina.
Distribution of translated decisions of the Federal Constitutional Court (BVerfG) on constitutional matters related to the COVID-19 pandemic and other constitutional issues
Civil and Commercial Law
Regional conference on “Family law in the age of globalisation” as part of the traditional annual international “Days of Family Law”, jointly organised with the Faculty of Law at Džemal Bijedić University of Mostar
Online seminar “Human rights with a special focus on gender equality and anti-discrimination” together with the Vaša Prava legal aid organisation
Online seminars with CEST FBiH on the topics of:
Relationship between European law and national law
European and national consumer protection law
Application of the law of property
Preparation and implementation of appeal hearings in civil cases by the judges
Online seminars with CEST RS on the topics of:
Legal aspects of consumer protection
Damages in civil law
Protection of ownership rights
Administration of Justice
Online seminar with CEST FBiH on the topics of:
Judicial preparation for trials
Conduct of proceedings and issuance of decisions
Ethics and integrity of judges with special consideration of gender equality in the judiciary
Online seminars with CEST RS on the topics of:
Court settlement
promotion of settlements by the court following German practice
Criminal and Penitentiary Law
Online seminar with CEST FBiH on policy to combat corruption
Basic and Further Training
Online seminar series on the topic of “Introduction to the legal case method” for undergraduates and doctoral students of the Faculty of Law at the University of Zenica
Involvement of participants from Bosnia and Herzegovina in a regional online workshop series for German-speaking IRZ alumni from the partner states Bosnia and Herzegovina, Montenegro, North Macedonia and Serbia on the topics of:
COVID-19 and German federalism
Questions of labour law in connection with corona, parts I and II
Arbitration in Germany
Questions of constitutional law in connection with COVID-19, parts I, II and III
Problems of language mediation in the legal field
Raising the profile 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 suitable literature for researchers and students working in relevant areas at the Faculty of Law Dz˘emal-Bijedic´ University in Mostar and Zenica
Outlook
In 2021, IRZ will continue and build on 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 Centres for Judicial and Prosecutorial Training in both entities. IRZ also aims to resume its activities in the area of legislative advice once the current reform backlog has been cleared, in order to promote legal harmonisation. In doing so, it is keen to deploy experts to add experience from German federalism in particular and contribute to the harmonisation of legislation in the entities of the Federation of Bosnia and Herzegovina.
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.
Participants at the regional conference by the constitutional court on the topic of “Tax law in constitutional case-law“ in Brčko
Strategic Framework
Legal Policy Starting Point
Bosnia and Herzegovina, whose Stabilization and Association Agreement with the EU entered into force on 1 June 2015 and that submitted an application for accession to the EU in the following year, started late with the transformation of its legal system due to the war. Implementation of standards that uphold the rule of law must therefore proceed as a matter of particular urgency. The distinctly federal system whose entities cooperate only to a limited extent and therefore provide fertile ground for a fragmentation of the law presents particular challenges for project work in Bosnia and Herzegovina. Moreover, the persistence of internal conflict at political level continues to cause a reform standstill. Given that the legal system in Bosnia and Herzegovina bears strong resemblance to its counterparts in continental Europe, advice from German partners would be especially sensible and sustainable.
Overall Concept
The IRZ works closely with the Constitutional Court of Bosnia and Herzegovina. Contacts to the country‘s EU delegation also exist and are used to transfer experience of German federalism to the Federation of Bosnia and Herzegovina. This is because the cantons there are responsible for many areas in which EU legal harmonisation must take place. At present, the IRZ has placed a particular priority on the education and training of lawyers in order to continue providing ongoing legal advice, irrespective of the current obstructions at political level. The IRZ supports education and further training in the areas of civil und commercial law at the education centres for the magistracy and public prosecutors within the two entities and in the faculties of law at the universities in Sarajevo and Zenica in particular.
The legal aid organisation Vaša Prava is an important partner for the IRZ.
Finally, the IRZ has, in recent years, issued a series of law publications in the national language that also target readers in other countries within the region.
As part of its activities, the IRZ consciously seeks to create opportunities for members of different ethnic groups to meet as a means of counteracting internecine conflict.
Foci of Activity in 2018
Constitutional Law/Human Rights and their Enforceability
Organisation of a regional conference with the Constitutional Court of Bosnia and Herzegovina “Tax law in constitutional case-law“ in the Brčko District
Publication of the talks at the above conference and other materials (including a presentation of case-law by the European Court of Human Rights on questions of tax law) by the IRZ and the Constitutional Court in a separate conference transcript
Attendance by the President of the Constitutional Court of Bosnia and Herzegovina and another judge at the Constitutional Court of the regional conference organised with the Montenegro Constitutional Court in Budva, Montenegro, on the relationship between the constitutional courts and the supreme courts
Attendance by the President and a Vice-President of the Constitutional Court of Bosnia and Herzegovina of the regional conference organised in cooperation with the Serbian Constitutional Court in Belgrade, Serbia, on the topic of “Decisions by the constitutional courts in the area of abstract judicial review as a contribution to promoting the rule of law“
Publication of the anthology of case-law by the Constitutional Court of Bosnia and Herzegovina from 2017
Civil and Commercial Law
Regional conference on the topic of “Property consequences of familylaw relationships“ during the traditional annual international conference on family law, organised in cooperation with the Faculty of Law at the Djemal Bjedic University of Mostar
Seminars in the education programme at the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina in Sarajevo on the topics
Protection of Human Rights in the EU and in Bosnia and Herzegovina
Influence of European law on national law
Seminars in the education programme at the Centre for Judicial and Prosecutorial Training of Republika Srpska in Banja Luka on the topics
Introduction to European law for recently appointed judges
Influence of European law on national law
Recent developments in the field of property law
Public Law
Conference on anti-discrimination law with the legal aid organisation Vaša Prava in Sarajevo
Administration of Justice
Continued publication of the journal “Nova pravna revija – časopis za domaće, njemačko i evropsko pravo“, NPR for short (New Legal Review – a journal of regional, German and European law)
Operation and development of the website for the above journal (www.nova-pravna-revija.info) with an extensive download area
Basic and Further Training
Continuation of the supplementary studies (third generation) on German law at the Faculty of Law of the University of Sarajevo by regular lectures held in German by local lecturers, as well as block lectures by German speakers
Attendance by a Bosnian participant of the eighth “IRZ Summer School on German Law“ in Bonn
Further expansion of the supporting German language law library
Seminar “Introduction to legal methodology“ with regional participation in Zenica
Outlook
In 2019, the IRZ will push ahead with and consolidate its project work in Bosnia and Herzegovina in close cooperation with its partners. A particular focus will be to move forward in its cooperation with the country‘s Constitutional Court and the two centres for judicial and prosecutorial training. Moreover, the IRZ will remain supportive of legal harmonisation, in particular by contributing its experience of German federalism in regard to the legislation that the cantons in the Federation of Bosnia and Herzegovina are required to harmonise.
