Current questions on the law of property

Bosnia and Herzegovina

Over 100 participants from the judiciary and the bar association and junior staff took part in the online seminar "Current Issues in Property Law" on 30 and 31 March 2022. The seminar focused on various issues of real estate case law.

IRZ organised the event with the Centre for the Education of the Judiciary and the Public Prosecutor’s Office of the Federation of Bosnia and Herzegovina.

The speakers included

  • Dr. Larisa Velić, Dean of the Faculty of Law in Zenica
  • State Attorney Ismet Velić and
  • Goran Nezirović, Judge at the Supreme Court of the Federation of Bosnia and Herzegovina

The practical relevance of this event was ensured, as the participants were able to submit questions from their own work in progress, which the speakers addressed in their presentations. Participants also asked questions or commented on the legal views presented in the chat during the ongoing events.

A number of legal problems were addressed during the event which the case law of Bosnia and Herzegovina solves differently in some certain aspects These include the inadequate documentation of legal relationships to land in the past, the former Yugoslav titular property form of "social property", and questions of succession to former state property within the framework of the various levels of the complicated state structure in Bosnia and Herzegovina.

It became apparent that the frequent, uncoordinated legislative changes in the area of law of property raise many competition problems. It is therefore no surprise that the event ended with an intense discussion, during which court decisions and statements from the scientific literature were also quoted extensively.

In view of the abundance of disputed legal issues and the economic importance of the topic, further training measures are required in this area to standardise case law and thus increase legal certainty. 

Publication of translations of the German StGB (German Criminal Code) into Bosnian, Croatian, Montenegrin and Serbian

South Eastern Europe

A new translation of the German Criminal Code into Bosnian, Croatian, Montenegrin and Serbian has been published by the IRZ, with an introduction written by the Research Director at the Institute for Eastern Law in Regensburg, Prof. Dr Dres. h.c. Friedrich-Christian Schroeder.

The book is part of a series of publications with translations of German laws into the languages of the partner states in South Eastern Europe, which are intended to strengthen the role of German law as an orientation law in legal transformation. The Minister of Justice of Northern Macedonia, Prof. Dr. Nikola Tupancheski, himself a professor of criminal law and a member of the local expert commission for the reform of the criminal code until he took office, recently confirmed the important role of the publication.

The translations are not only used to inform groups of experts working on draft reform laws, but are also used by scholars researching on comparative law, practitioners working across borders and students. They are also a popular tool for learning German legal terminology.

European Consumer Protection in the initial and advanced Training of judges

The speaker Prof. Dr. Zlatan Meskic during his lecture
The speaker Prof. Dr. Zlatan Meskic during his lecture
Bosnia and Herzegovina

Due to pre-accession harmonisation, European law has an impact on the legal system of a country long before it joins the European Union (EU). Therefore, it is necessary for judges there to be informed at an early stage in which area of law "national provisions with a European background" are to be expected. They should be familiar with the legal technicalities of such regulations, including in particular the interpretation in conformity with the directives. A practically very important area of law is consumer law - here judges can benefit from such knowledge.

For this reason IRZ, together with the Centre for Judicial Training of both entities of Bosnia and Herzegovina, organised the online seminar "The impact of European law on national law with special regard to consumer law" on 19 November 2021. The event was made possible with project funding from the Federal Foreign Office.

The speaker was Prof. Dr. Zlatan Meskic from the University of Zenica in Bosnia and Herzegovina, who completed his legal training, including court practice, in Vienna, where he also received his doctorate on European consumer law. He then taught European law as part of a Master's programme at Saarland University. With this background, he dealt with the topic with detailed reference to the relevant legal provisions and taking into account the case law in Bosnia and Herzegovina. He explicitly pointed out that the Consumer Protection Law of Bosnia and Herzegovina was not harmonised with the general civil law provisions in numerous places. He also pointed out that the law contained translation errors, which, however, could be overcome by means of interpretation in conformity with the directives.

As a result, the approximately 70 participants from all parts of the country asked numerous questions, made comments and reported on further case law on the topic during the lecture. A lively professional discussion took place.