Početna stranica Portala pravosuđa BiH


Portal pravosuđa
Bosne i Hercegovine

FAQ About HJPC BiH

mailprint fav manja slovaveća slova

 

1. What is the High Judicial and Prosecutorial Council of Bosnia and Herzegovina?

The High Judicial and Prosecutorial Council of Bosnia and Herzegovina is an independent institution established under the Law on the HJPC BIH on 1 June 2004, with the task of ensuring the maintenance of an independent, impartial and professional judiciary in BiH. The Law establishes the following remit: appointment of judges, prosecutors and legal associates, disciplinary responsibility, judicial administration and statistics, judicial institutions budgets, supervision over professional development, introduction of ICT systems,  as well as taking a leading role in the implementation and coordination of reform activities in the BiH justice sector.  

The High Judicial and Prosecutorial Council of Bosnia and Herzegovina is also a state-level regulatory body establishing the standards of ethics and professional conduct for judicial community. 

In accordance with Article 4 of the Law, the Council is composed of representatives of the BiH legal community (judges, prosecutors and lawyers), and the executive and legislature. Council members are elected for a term of four years with the possibility of re-election. Article 4 of the Law also provides that the ethnic and gender composition of the Council shall reflect the structure of the population according to the 1991 census, so that the Council so formed shall be composed of six Bosniaks, five Serbs, three Croats and one member from the rank of Others.  

2. What is the main role of the HJPC BiH within the BiH judicial system?

The Council as an independent and autonomous body is tasked with ensuring an independent, impartial and professional judiciary, as stipulated in Article 17 of the Law on HJPC BiH.

3. What are the competencies of the HJPC BiH?

The Council has the following competencies:

  • Appointment of judges, including Court Presidents, lay judges and reserve judges in all courts at the State, Entity, Cantonal, District, Basic and Municipal levels in Bosnia and Herzegovina, including the Brcko District of Bosnia and Herzegovina, but excluding the Constitutional Courts of the State and Entities of Bosnia and Herzegovina;
  • Appointment of Chief Prosecutors, Deputy Chief Prosecutors and prosecutors in all prosecutors’ offices at the State, Entity, Cantonal and Brcko District level in Bosnia and Herzegovina, including the Brcko District of Bosnia and Herzegovina;
  • Making proposals to the relevant authorities in relation to, their proposal and election of judges to the Constitutional Court of Republika Srpska and their nomination of judges to the Constitutional Court of the Federation of Bosnia and Herzegovina. When exercising its competence under this paragraph, the Council shall seek a written opinion of the relevant Constitutional Court before it makes its proposal;
  • Receiving complaints against judges and prosecutors, conducting disciplinary proceedings, determining disciplinary liability, and imposing disciplinary measures on judges, lay judges, reserve judges and prosecutors;
  • Deciding upon appeals in disciplinary proceedings; 
  • Deciding upon suspensions of judges, lay judges, reserve judges and prosecutors;
  • Supervising the advanced professional training of judges and prosecutors and advising the Entity Centres for Judicial and Prosecutorial Training and the Brcko District of Bosnia and Herzegovina Judicial Commission in their adoption of programmes of advanced professional training for judges and prosecutors;
  • Determining the minimum amount of advanced professional training to be undertaken by every judge and prosecutor each year;
  • Determining the induction training for candidates chosen for judicial and prosecutorial office and supervising the provision of such training;
  • Approving the annual report of the Steering Boards of the Entity Judicial and Prosecutorial Training Centres and of the Brcko District of Bosnia and Herzegovina Judicial Commission insofar as it relates to the induction training and the advanced professional training of judges and prosecutors;
  • Deciding upon issues of incompatibility of other functions performed by judges and prosecutors;
  • Deciding upon the temporary assignment or transfer of judges and prosecutors to another court or prosecutor’s office;
  • Deciding upon leaves of absence for judges and prosecutors;
  • Participating, at the Council’s discretion, in the drafting process of annual budgets for the courts and prosecutors offices;
  • Making recommendations upon, at the Council’s discretion, the annual budget proposals made by governmental bodies and/or governments for courts and prosecutors offices;  
  • Making and presenting recommendations, at the Council’s discretion, for amendments to the proposed budgets made by governmental bodies and/or governments and/or the Brcko District of Bosnia and Herzegovina Judicial Commission before the relevant legislative bodies; 
  • Collecting and analysing reports and relevant budget and revenue data for courts and prosecutors offices, in order to provide statistical data for the effective operation of courts and prosecutors offices; 
  • Advocating for adequate and continuous funding of courts and prosecutors’ offices in Bosnia and Herzegovina; 
  • Participating in the drafting of, and approving, Books of Rules for the operation of courts and prosecutors offices in Bosnia and Herzegovina; 
  • Monitoring and advising courts and prosecutors offices on appropriate and effective budget, administration and management techniques and procedures and initiating training in this regard; 
  • Initiating, overseeing and coordinating projects related to improving all aspects of the administration of courts and prosecutors offices, including seeking national and international funding therefore; 
  • Setting criteria for the performance evaluations of judges and prosecutors;
  • Setting criteria for the performance of courts and prosecutors offices, and initiating enquiries concerning administrative or financial conduct;
  • Initiating, coordinating and supervising the use of information technology by courts and prosecutors’ offices in order to achieve and maintain uniformity in this area between and among courts and prosecutors’ offices throughout the country. No court or prosecutors’ office shall adopt an automated case-tracking registration, tracking or related system, including backup and storage systems, without obtaining the prior approval of the Council;
  • Determining the number of judges, prosecutors and/or Deputy Chief Prosecutors of each court or prosecutor’s office within the Council’s competence, after consultation with the relevant Court President or Chief Prosecutor, relevant budgetary authority, and the relevant Ministry of Justice;
  • Collecting information and maintaining documentation on the professional status of judges and prosecutors, including their date of appointment, termination of office, statistical information relevant to their work performance, and any other information which the Council considers relevant to the work of Court Presidents, Chief and Deputy Prosecutors, judges and prosecutors;
  • Providing opinions on complaints lodged by a judge or a prosecutor who considers that his or her rights provided for by this or other law, or more generally his or her independence are threatened;
  • Providing opinions on draft laws, regulations, or issues of importance that may affect the judiciary, initiate the adoption of relevant legislation and other regulations and to provide guidance to courts and prosecutors’ offices on matters falling under the Council’s competence;
  • Issuing codes of ethics for judges and prosecutors.

4. When was the HJPC BiH established?

The HJPC BiH was established on the date of publication of the Law on HJPC BiH in the Official Gazette of Bosnia and Herzegovina 25/04 (Tuesday, 1 June 2004).

5. How was the HJPC BiH established?

The Parliamentary Assembly of Bosnia and Herzegovina passed the Law on HJPC BiH at the session of the House of Representatives, held on 11 May 2004, and the session of the House of Peoples, held on 21 May 2004, pursuant to Article IV. 4. a) of the Constitution of Bosnia and Herzegovina.

6. How is the HJPC BiH funded?

The Council is funded from the budget of BiH institutions and from international donations.

7. How is the HJPC BiH structured?

The Council has a President, two (2) Vice-Presidents and thirteen (13) members.

8. Who is the President of the HJPC BiH?

On 8 July 2014, President of the Banja Luka Basic Court, Mr. Milan Tegeltija, has been elected as the new President of the HJPC BiH.

9. Who are the vice-presidents of the HJPC BiH?

Vice-presidents of the HJPC BiH are Jadranka Lokmic Misiraca and Ruzica Jukic.

10. How President and Vice-Presidents of the HJPC BiH are elected?

The President and Vice-Presidents of the HJPC BiH are elected by a simple majority of the members present and voting.

11. How long is the mandate of a President of the HJPC BiH?

The mandate of the President is four (4) years or until his or her mandate expires or otherwise terminates under Article 6 of the Law on HJPC BiH, whichever is sooner.

12. Can the President and Vice-Presidents belong to the same ethnic group?

NO. For the purposes of equal ethnic representation, the President and Vice-Presidents shall not belong to the same Constituent People. No more than one of the President or Vice-Presidents can be a member of the group of Others.

13. Who are the members of the HJPC BiH?

The Council consists of fifteen (15) members elected in accordance with Article 5 of the Law on HJPC BiH. 

14. How are new Council members elected?

At least three (3) months prior to the expiration of the term of office of a Council member, the Council notifes the relevant authority which, under Article 4 of the Law on HJPC, is responsible for election or appointment of Council members, and it requests that authority to elect or  appoint a new member to the Council.

The membership of the Council is generally representative of the peoples of Bosnia and Herzegovina and reflects the gender balance in Bosnia and Herzegovina. The Book of Rules of the Council regulates the procedures necessary to ensure compliance with applicable provisions of the Constitution and laws of Bosnia and Herzegovina regulating this issue.

15. How the Council is organised?

  • one (1) member who is a judge from the Court of Bosnia and Herzegovina, elected by the judges of that Court;
  • one (1) member who is a prosecutor from the Prosecutor’s Office of Bosnia and Herzegovina, elected by the prosecutors of that Office;
  • one (1) member who is a judge from the Supreme Court of the Federation of Bosnia and Herzegovina, elected by the judges of that Court;
  • one (1) member who is a prosecutor from the Prosecutor’s Office of the Federation of Bosnia and Herzegovina, elected by the prosecutors of that Office;
  • one (1) member is be a judge from the Supreme Court of the Republika Srpska, elected by the judges of that Court;
  • one (1) member who is a prosecutor from the Prosecutor’s Office of the Republika Srpska, elected by the prosecutors of that Office;
  • one (1) member who is a judge from either a Cantonal or Municipal level court of the Federation of Bosnia and Herzegovina, elected by the Cantonal and Municipal court judges of the Federation of Bosnia and Herzegovina, through written ballot to be organized by the President of the Supreme Court of the Federation of Bosnia and Herzegovina;
  • one (1) member who is a prosecutor from a Cantonal level prosecutor’s office of the Federation of Bosnia and Herzegovina, elected by the Cantonal prosecutors of the Federation of Bosnia and Herzegovina, through written ballot to be organized by the Chief Prosecutor of the Federation of Bosnia and Herzegovina;
  • one (1) member who is a judge from a District or Basic level court of the Republika Srpska, elected by the district and basic court judges of the Republika Srpska through written ballot to be organized by the President of the Supreme Court of the Republika Srpska;
  • one (1) member who is a prosecutor from a District level prosecutor’s office of the Republika Srpska, elected by the district prosecutors of the Republika Srpska, through written ballot to be organized by the Chief Prosecutor of the Republika Srpska;
  • one (1) member who is a judge or prosecutor elected by the Brcko District of Bosnia and Herzegovina Judicial Commission;
  • one (1) member who is an attorney, elected by the Bar Association of the Federation of Bosnia and Herzegovina;
  • one (1) member who is an attorney, elected by the Bar Association of the Republika Srpska; 
  • one (1) member  is not be  a member of the judiciary or a member of the Parliamentary Assembly of Bosnia and Herzegovina, elected by the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina, and
  • one (1) member who is not a member of the judiciary and who is not a member of the Council of Ministers of Bosnia and Herzegovina, elected by the Council of Ministers of Bosnia and Herzegovina upon the proposal of the Minister of Justice of Bosnia and Herzegovina.

16. How long is the mandate of a Council member?

The members of the Council serve for a term of four (4) years.

17. Are Council member eligible for re-election once their term of office has expired?

YES. The members of the Council may serve no more than two (2) consecutive terms of four years.

18. When the mandate of a Council member can be terminated?

The mandate of a member may terminate under different circumstances as stipulated in Article 6 of the Law on HJPC BiH.

19. How Council decisions are made?

The Council acts and makes decisions as a single body. In order to accomplish its tasks and carry out its duties as specified by this Law in an effective manner, the Council may establish panels, consisting of at least three (3) members, of which the majority always shall be judges or prosecutors that are empowered to make decisions and carry out tasks, as specified in the Council’s Rules of Procedure.

20. Does that mean that decisions on appointment of judges or prosecutors can be made by panels?

NO. Decisions on appontmnets may not be delegated to panels.

21. What is the text of the oath?

"I solemnly declare that I shall perform the duty of my office in accordance with the Constitutions and the Law, take decisions upon my best knowledge, conscientiously, responsibly and impartially to uphold the rule of law, and shall protect the freedoms and rights of individuals granted by the Constitutions of Bosnia and Herzegovina.”

22. Where is the HJPC BiH located?

Kompleks pravosudnih institucija Bosne i Hercegovine
Kraljice Jelene 88
71000 Sarajevo
Bosna i Hercegovina
tel. +387 33 707 500
fax. +387 33 707 550
E-mail vstvbih@pravosudje.ba


Vijest je izvorno napisana na jeziku: Bosanskom

Povratak na vrh