Vrhovni sud BiH – između politike i prava
Supreme Court of BiH - between politics and law

Author(s): Branko Perić
Subject(s): Politics, Law, Constitution, Jurisprudence, Constitutional Law, Public Law
Published by: Fondacija Centar za javno pravo
Keywords: Public law; constitution; Constitutional court; Supreme Court; necessity; BiH; politics; law; jurisdiction; government; entities;
Summary/Abstract: According to the Dayton Agreement the regular judiciary in BiH is within the jurisdiction of theEntities. Entity judicial systems are autonomous and conceptually well-rounded. The state levelhas an effective functioning judicial system designed in a form of a Prosecutor's Office and theCourt of BiH. It is not clear what jurisdiction could the Supreme Court in BiH have within theexisting concept.This concept of a state judicial system lacks an independent Appellate Court and that can beconsidered the most serious problem of the judicial system today. Possible jurisprudenceproblems in the current system are dealt with through joint sessions held by the Supreme Courtsof the Entities and Brčko District Appellate Court.Establishment of the Supreme Court would require a completely new configuration ofjurisdiction. This would involve redesigning the organizational and other laws at all levels and anew round of comprehensive judicial sector reforms.The judicial system is currently in cycle of reform undertaken in accordance with the existingconcept. A new reform cycle could affect the effectiveness of that reform. At this point it couldthreaten the achieved efficiency level.The system that underwent reform needs to be stabilized through patient harmonization of entitylaws and building of the best professional and ethical standards in order to create goodconditions for a new reform.

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