A plenary meeting of the EU-BiH Structured Dialogue on Justice and Additional Rule of Law Matters was held in Sarajevo on 13 and 14 May 2014 under the co-chairmanship of the BiH Ministry of Security Secretary General, Mr. Bakir Dautbasic, and Director at the Enlargement Directorate General of the European Commission, Mr. Jean-Eric Paquet.
The fight against corruption and anti-discrimination policies were addressed for the first time in the context of the broadened dialogue, including in particular the central role judiciary institutions play in the fight against corruption and to allow citizens to uphold their rights. Important elements were gathered, also thanks to the active contribution of the civil society organisations. These issues, however, represent clear cross-cutting priorities which will continue to be addressed by the European Commission also through other relevant platforms, including the upcoming efforts for the Compact for Growth and the Post-Visa Liberalisation Monitoring Mechanism. In the latter context, the Commission maintains its commitment to periodically assess consistency of progress and sustainability of all reforms that were undertaken in relation to benchmarks of visa liberalisation road-map.
The Delegation of the European Union to the Structured Dialogue presented a set of recommendations which will formally be notified to BiH authorities in extensive form in coming days. The recommendations highlight that the reform of state-level judiciary remains a core priority. Extensive steps were undertaken in preparation of relevant legislation for the reform of the High Judicial and Prosecutorial Council of BiH as well as on the Court of BiH. In this regard, the European Commission requested by the end of June a comprehensive analytical overview of the application of the extended criminal jurisdiction by the Court of BiH. Information on the number of cases adjudicated and the reasoning provided to exert the criminal jurisdiction are expected to provide crucial elements to soon finalise the long due reform, also building on the technical recommendations by the Venice Commission.
A clear call was made to intensify efforts for the clearing of the war-crime cases backlog. In particular, the most complex investigations and the “Category II” cases transferred by the ICTY to the BiH Prosecutor’s Office shall be tackled without further delays. Justice for all war-crimes remains a crucial endeavour for reconciliation throughout BiH, as well as in broader Western-Balkans region.
The European Commission welcomed the measures recently adopted to strengthen professionalism throughout the judiciary including the new system of competitive written examination for all candidates entering judicial careers. Increasing the objectivity and transparency of recruitment rigorously based on merit and qualification is a precondition for a more efficient and effective judiciary.
During the two-day session, participants also discussed issues related to the law enforcement sector, including cooperation between the prosecution and the police.
