URGING BOSNIA AND HERZEGOVINA TO JUDICIAL REFORMS Cover Image

POTREBA ZA REFORMOM PRAVOSUDNIH SUSTAVA U BiH
URGING BOSNIA AND HERZEGOVINA TO JUDICIAL REFORMS

Author(s): Davor Martinović
Subject(s): Law, Constitution, Jurisprudence
Published by: Sveučilište u Mostaru i Institut društvenih znanosti Ivo Pilar, Zagreb
Keywords: judicial system reforms in BiH;judicial institutions;

Summary/Abstract: Bosnia and Herzegovina, in regard to its political and legal organization, is an extremely complex state. In addition to the state level, there are several other levels of political and legislative structures.Undoubtedly, the most important is the division into two entities (the Federation of BiH and the Republika Srpska) and the Brcko District. The Federation of Bosnia and Herzegovina is further divided into ten cantons, with each of these levels, apart from the state, applying special, i.e.their own laws and legal norms. So complex structure implies a complex judicial system organized in four separate legal systems (legal systems are organized at the state level, at the level of the two entities and the Brcko District). The question is whether and to what extent there is a need for anew reform of the judicial system in BiH, especially because the recent reforms of the judiciary are viewed solely from the state level of the judicial system of Bosnia and Herzegovina, while the reform of other judicial systems is neglected, although it is clear that, comparing the number of cases,the majority of subjects are done at the entity level. The answer to the question about the need for reform of the judicial system as well as possible solutions proposed in this paper are offered through data analysis and comparison with the countries in the region as well as other European countries published in the reports of the European Commission for the Efficiency of Justice (CEPEJ) and the reports of the Balkan Opinion Barometer 2015 which analyze the BiH citizens’ confidence in the work of judicial institutions.

  • Issue Year: 19/2015
  • Issue No: 2
  • Page Range: 151-162
  • Page Count: 12
  • Language: Croatian