BIH Länderbericht

Bosnia and Herzegovina – annual report 2022

Details
Published: September 4, 2023
Participants at the workshop “The Rights of Refugees – Access to Economic and Social Rights”.
Participants at the workshop “The Rights of Refugees – Access to Economic and Social Rights”.

Strategic Framework

Legal Policy Starting Point

Bosnia and Herzegovina was late to begin with transforming its legal system due to the war. There are numerous peculiarities in the state structure due to the Dayton Peace Agreement. They include the office of a UN-appointed High Representative, a position that former Federal Minister Christian Schmidt has held since 2021.

Once the Stabilization and Association Agreement between Bosnia and Herzegovina and the European Union had entered into force on 1 June 2015, the accession candidate status was granted to the country in December 2022.

Difficulties associated with project work in Bosnia and Herzegovina emerge in connection with the pronounced federal system whose entities only cooperate to a limited extent, which encourages a fragmentation of the law. The elections on 2 October 2022 (state presidency, state parliament, entity and cantonal parliaments) did not bring about any significant changes in the ethnically dominated party structures, either. Internal political conflicts continue to cause reform standstill.

Overall Concept

IRZ places the main focus on 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 Federation of Bosnia and Herzegovina 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. As part of its activities, which are funded by the Federal Ministry of Justice and the Federal Foreign Office, IRZ consciously creates opportunities for members of different ethnic groups to meet as a means of alleviating ethnic tensions.

Focus of Activity in 2022

Constitutional Law, Human Rights and their Enforceability

  • Regional workshop on “Participatory rights – economic and social rights of refugees”, which was jointly organised with the legal aid organisation Vaša Prava

Civil and Commercial Law

  • Seminar on “Current Issues in law of property”, which was jointly organised with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina
  • Seminar on “Harmonisation of the cadastre and land register – practical problems”, which was jointly organised with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina
  • 10th International Conference on Family Law Day with the Faculty of Law at Džemal Bijedić University of Mostar

Basic and Further Training

  • Seminar on “Repercussions of European law on national law”, which was jointly organised with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina
  • Seminar on “Recognition and enforcement of foreign court judgements”, which was jointly organised with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina
  • Seminar on “Conflict of laws issues in the area of civil status, family law and inheritance law”, which was jointly organised with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina
  • Seminar on “Integrity, independence and ethics”, which was jointly organised with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina
  • Seminar on “Patient rights”, which was jointly organised with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina

Outlook

In 2023, IRZ will continue and build on its project work in Bosnia and Herzegovina in close cooperation with its partner institutions. Until the end of the current backlog of legislative reforms, the focus will remain on continuing cooperation with the Constitutional Court of the whole state, the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina and the non-governmental organisation Vaša Prava.

Furthermore, IRZ will contribute to the implementation of the EU project „EU 4 Justice – Phase II”, launched in December 2022. This represents IRZ’ first involvement in an EU-funded project in the country and IRZ will in particular be active in the field of promoting the prevention of and investigation on corruption cases.

Please find the Annual Report 2022 here: Media centre – Annual reports.

Bosnia and Herzegovina – annual report 2020

Details
Published: September 8, 2021

Strategic Framework 

Legal Policy Starting Point 

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.

Bosnia and Herzegovina - annual report 2019

Details
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.