Seminar on the “rights of refugees”

Graphics: IRZ
Graphics: IRZ
Bosnia and Herzegovina

On 27 May 2021, the legal aid organisation Vaša Prava, in cooperation with IRZ, organised a seminar on the rights of refugees. The 25 participants working with refugees came from non-governmental organisations, the Ombudsman's office and various ministries.

During the first part of the event, lawyer Amra Kadrić, who advises refugees on behalf of Vaša Prava, presented the current situation. She explained that hardly any reliable figures on refugees in the country were available, due to the geographical location of Bosnia and Herzegovina as a transit country and the irregularity of entries and exits. During her lecture, she also addressed the violation of refugees’ rights. She talked about the fact that many refugees who were entitled to asylum were only granted subsidiary protection and that there were problems concerning the granting of rights to education. However, Amra Kadrić also stressed the fact that Bosnia and Herzegovina's legislation is strongly oriented towards European standards.

During the second part of the event, lawyer Holger Hembach presented the legal status of refugees on the basis of international and regional conventions. As a former OSCE staff member in the field of human rights in the Western Balkans and author of a reference book on appeals submitted to the ECtHR, Holger Hembach is a proven expert in this field. He also represents clients at the ECtHR. The participants in the seminar were particularly interested in the following explanations:

  • the decisions of international courts on the treatment of refugees in transit zones,
  • restrictions on the freedom of movement of refugees and
  • a judgement from the ECtHR on the issue of application for asylum.

During the lively discussions, the participants emphasised that despite significant problems in Bosnia and Herzegovina, there still exists a humane way of dealing with refugees. In his closing remarks, the Managing Director of Vaša Prava, Emir Prcanović, also emphasised that much more could be achieved if everyone pulled together.

Further training for judges on topics relevant to the economy

Graphics: IRZ
Graphics: IRZ
Bosnia and Herzegovina

A whole range of legal issues, which are also relevant to the business community, were addressed in a two-day online seminar on 6 and 7 May 2021. The event was organised by the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina and IRZ. Around 100 judges from all parts of the country took part.

The background to this is the implementation of the Property Law Act passed in 2013, which replaced numerous legal institutions still originating from socialism. The new legal institutions have partly been modelled on German and Austrian ones, e.g. real estate property and land charges.

The speakers at the seminar were Professor Dr Meliha Povlakić and lecturer Dr Darija Softić Kadenić. Both have not only completed numerous research stays in German-speaking countries, but are also active as legal advisers and experts. Professor Povlakić also worked in a notary's office in Munich during a stay of several years in Germany, while Dr Softić Kadenić completed a master's degree at the Faculty of Law in Graz.

Because of the thematic connection, questions of credit security were also discussed in addition to questions of property law on real estate property and the function of the land register.

Since the speakers brought in judgements from national practice in addition to comparative law experiences, the event provided an opportunity for exchange between practising legal experts and academics. This exchange of opinions and materials was continued after the event by some participants via email.

The relevance of the topics discussed was also demonstrated by the lively discussions between all the participants.

Online Seminar on Ethics and disciplinary Processes

Graphics: IRZ
Graphics: IRZ
Bosnia and Herzegovina

On 24 February 2021, an online seminar on the “Judicial Code of Ethics and the Practice of disciplinary Processes” was organised by the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina (CEST FBiH) and IRZ. 69 judges and public prosecutors took part in the event. The high number of participants underlined the significance of the subject.

Dr. Davor Trlin opened the event on behalf of the CEST FBiH, whilst IRZ Head of Section Dr. Stefan Pürner welcomed the participants on behalf of IRZ. The speaker at the seminar was the former President of the Constitutional Court of the State of Saxony-Anhalt and of the Higher Regional Court of Naumberg and long-standing Senior Public Prosecutor, Winfried Schubert.

In the first section of his two-part lecture, Winfried Schubert outlined the way the disciplinary process for judges and public prosecutors works in Germany, with the help of some practical examples.

The second part of his lecture focussed on the judicial code of ethics. The speaker pointed out that appropriate behaviour does not just concern the circumstances of the case, which could become the subject of a disciplinary process. Winfried Schubert talked about judicial self-perception and the danger of self-righteousness amongst judges. He also discussed the risk of judges being influenced in their decisions by their own personal moral understanding, instead of construing the law. He stressed the importance of a realistic self-perception and self-image in overcoming these challenges.