The possibility of protecting the rights during appointment of judges and prosecutors Cover Image

Mogućnost zaštite prava u postupku imenovanja sudija i tužilaca
The possibility of protecting the rights during appointment of judges and prosecutors

Author(s): Nurko Pobrić
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Law of High Judical and Prosecutorial Council; BiH; judges; prosecutors; appointment; rights protection; VSTV; HJPC;
Summary/Abstract: This paper provides an analysis of the Law of High Judical and Prosecutorial Council, especially of the part concerning the possiblity of protection of the rights in the nomination process of judges and prosecutors. The author recognizes that there exists an imperfection of the Law because it does not contain provisions which would enable those candidates who applied for the position of a judge or a prosecutors, and werent elected, to have a legal remedy against the decision of the High Judical and Prosecutorial Council. In these cases, the Constitutional Court of Bosnia and Herzegovina also dismissed the appellants appeals by declaring that it had no jurisdicion to decide, on the grounds that the decisions of High Judical and Procesutorial Council do not have the character of verdicts as proposed in the article VI/3 b) of the Constitution of Bosnia and Hercegovina. The author of this paper advocates and suggests that the future amendment of the Law on Hhigh Judical and Prosecutorial Council should establish an effective mechanism of legal protection in the nomination process of juddges and prosecutors.

  • Page Count: 9
  • Publication Year: 2014
  • Language: Bosnian