The European Network of Judicial Councils Strongly Supported the Judiciary of Bosnia and Herzegovina

Sarajevo, (Fena) – The European Network of Councils for the Judiciary (ENCJ) has issued a strong statement of support for the judiciary of Bosnia and Herzegovina, expressing deep concern over the threats and pressures faced by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) and all holders of judicial functions in Bosnia and Herzegovina.

The statement emphasizes that no judge or prosecutor should be subjected to intimidation or threats due to the performance of their duties, and it reminds that punishing holders of judicial functions for applying the law in accordance with their obligations would be completely wrong and inconsistent with the rule of law.

The Executive Board of ENCJ clearly states that the legal solutions adopted in the Republic of Srpska, which, among other things, prohibit the work of institutions of Bosnia and Herzegovina, including HJPC BiH, have caused serious concern and created a climate of intimidation, particularly towards judges and prosecutors living and working in that entity.

ENCJ reminds that the independence of the judiciary is a fundamental element of the right to a fair trial and a key pillar of the rule of law, and that such a right is recognized in the Treaties of the European Union and the European Convention on Human Rights.

Furthermore, ENCJ also reflects on the process of adopting a new Law on HJPC BiH, emphasizing that it is of essential importance for the executive and legislative authorities to implement reforms of the judicial system, exclusively after genuine and substantive consultations with the judiciary.

In this context, concern is expressed that the legislative proposal submitted to the parliament has significantly deviated from the previously agreed draft with HJPC BiH, particularly in the part relating to the budgetary competencies of HJPC BiH.

ENCJ concludes that such an approach undermines the institutional role of HJPC BiH and weakens the independence of the judiciary, and emphasizes its full commitment to preserving and strengthening an independent, impartial, and professional judiciary in all countries aspiring to EU membership.

The European Network of Councils for the Judiciary (ENCJ) is a body that brings together judicial councils from EU member states, as well as observers from candidate countries for membership, with the aim of strengthening the independence, accountability, and quality of the judiciary.

ENCJ closely collaborates with EU institutions and provides recommendations that are relevant for assessing compliance with the criteria in the area of the rule of law, particularly in the context of EU enlargement. In this regard, ENCJ plays a key role in preserving the common European legal space and regularly collaborates with EU institutions in monitoring the state of the rule of law in candidate countries, including Bosnia and Herzegovina. (22.05.)