Pravosuđe i vjerska obilježja: izazov i perspektive
Judiciary and Religious Features: Challenge and Perspectives

Author(s): Branko Perić
Subject(s): Law, Constitution, Jurisprudence, Public Law, Theology and Religion, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; judiciary; BiH; religion; religious symbols; religious features; challanges; perspectives; VSTV; normative framework;
Summary/Abstract: The author analyzes the conclusion of an independent regulator of the Judicial System in Bosnia and Herzegovina prohibiting the display of religious symbols for judicial function holders and employees of judicial institutions, referring to the national and international regulatory framework as well as the judicial practice of European Court of Human Rights and national courts. Pointing to the controversy of the conclusion and lack of regulation, the author proposes that the limitations concerning the use of religious symbols be extended to the prosecutorial part of the judicial system, but leaves the possibility that a part of the administrative staff, which has no direct link with the courtroom, be exempted from the prohibition by the courts as well as a part of staff in the prosecutor's offices, which does not participate in the exercise of prosecutorial powers. In terms of manifestation of religious feelings during working hours, the author proposes that a ban be imposed, by law, for all employees in the Judicial System as to ensure that judicial institution function is unhindered and religiously neutral.

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