Bosnia and Herzegovina

German civil procedure law: Inspiration for active case management

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Published: December 17, 2025
Prof. Dr. Marko Knežević, Connected online
Prof. Dr. Marko Knežević, Connected online
Bosnia and Herzegovina

The lengthy duration of court proceedings in Bosnia and Herzegovina, particularly in civil law, is the European Union's main criticism in the legal sphere. Despite a wide range of legal reforms in recent years, the situation in this regard has not improved significantly.

There are many reasons for this. They range from reforms without a uniform concept, which led to hybrid laws, to ambiguous legal wording and uncertainties regarding the understanding of the roles of judges. In individual cases, structural framework conditions, varying degrees of preparation, and challenges in the material management of proceedings can also play a role.

This complex situation prompted IRZ, the Bosnia and Herzegovina Civil Law Forum, and the Center for the Education of Judges and Prosecutors of the Federation of Bosnia and Herzegovina to hold a regional workshop on this topic in Sarajevo in November.

Judges, lawyers, and researchers discussed in particular whether the court should take on an active role or limit itself to the function of an arbitrator, whose primary task is to ensure compliance with procedural rules.

It became clear that, contrary to a widespread misunderstanding in the practice of the successor states of Yugoslavia, the abolition of the former principle of ex officio with regard to the determination of possible evidence did not mean that the courts now had to be passive in all areas. Many of the participants welcomed more active case management by judges, but were unsure to what extent this could (still) be reconciled with the applicable legal provisions. Some therefore called for a reform of the civil procedure codes of both entities in Bosnia and Herzegovina dating from 2003. This was intended to strengthen the active role of the judiciary, analogous to the reform in Germany in 2003.

In this context, it was pointed out that German law was ideally suited as a source of inspiration, with Section 139 of the Code of Civil Procedure in its current version being highlighted as the “Magna Carta of civil procedure law”.

Genocide denial also jeopardises the future

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Published: September 30, 2025
The High Representative Christian Schmidt for Bosnia and Herzegovina, Copyright photo: OHR
The High Representative Christian Schmidt for Bosnia and Herzegovina, Copyright photo: OHR
Bosnien und Herzegowina

"Those who cannot remember the past are condemned to repeat it" (George Santayana, Spanish philosopher, writer and literary critic). That is why, in 2021, the then High Representative Valentin Inzko declared the denial of genocide and other war crimes in Bosnia and Herzegovina a criminal offence.

Countries such as Germany and Rwanda have experience in this area, which is why the Office of the High Representative, the International Academy of the Nuremberg Principles, the transnational non-governmental organisation TRIAL International and IRZ, with the support of the British and Austrian embassies, held the conference "Criminalising Genocide Denial: Law, Accountability and Prevention" in Sarajevo on 24 and 25 September.

The conference, which was opened by the current High Representative Christian Schmidt, the Director of the International Academy of the Nuremberg Principles Prof. Dr. Christoph Safferling and the Permanent Representative of the German Ambassador Bernhard Abels, featured speeches by former ECtHR judge Prof. Dr. Angelika Nussberger, former Chief Prosecutor at the International Criminal Tribunal for the former Yugoslavia (ICTY) Dr. Serge Brammertz, former High Representative for Bosnia and Herzegovina Valentin Inzko, and, joining online from New York, former UN Special Rapporteur on the promotion of truth, justice, rehabilitation and non-repetition Prof. Dr. Pablo de Greiff.

One thing became particularly clear during these two days: denying war crimes constitutes a further injustice to the victims and survivors. It also creates a social and political breeding ground for the division of society through ethnically defined narratives, thus contributing to renewed destabilisation in post-conflict areas.

However, legal issues also need to be clarified when implementing criminal provisions. For example, when is a statement considered public and therefore punishable by law? As Germany has experience in this area, IRZ and the International Academy Nuremberg Principles are planning further joint activities to train prosecutors and judges in Bosnia and Herzegovina. These activities can then build on the findings of this event.

We would like to thank, among others, the following for their participation:

Catalysts of law

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Published: August 14, 2025
Participants from Bosnia and Herzegovina and experts in front of the IRZ building in Bonn
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.”