Selekcija nosilaca pravosudnih funkcija u BiH - kritički osvrt sa prijedlozima
Selection of Judicial Functions Officers in BiH - Critical Review with Proposals

Author(s): Mahir Muharemović
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Public Law, Evaluation research
Published by: Fondacija Centar za javno pravo
Keywords: Public law; VSTVM HJPC; constitution; judges; candidates; selection; selection procedure; selection models: BiH; evaluation;
Summary/Abstract: The selection procedure of judges and prosecutors represents a key competence of the High Judicial and Prosecutorial Council of Bosnia & Herzegovina (HJPC) and the quality of the selected candidates reflects directly to the quality of the judiciary of Bosnia & Herzegovina as a whole. In this sense, the HJPC issued new regulations concerning the selection procedure introducing a new examination which has to be taken by all candidates for a position within the judiciary. The initial intent of a such examination seems to be a fair and transparent selection procedure based on measurable criteria. But introducing an another exam could also have negative side effects and even effects contrary to those who are intended by such an exam. Prosperous candidates for judge or prosecutor positions have already undergone an examination procedure called ”Bar Exam“ which qualifies them, with the relevant work experience, according to the Law on the HJPC, for positions in the judiciary. The concept of the new exam is the very same as the concept of the Bar Exam regarding the knowledge that is to be tested. There is no orientation to practical issues, relevant skills, psychological test and similar. In this regard, there is also the problem of the legal associates who are performing judge tasks and issue decisions in full judge capacity at courts (at least in the Federation of B&H) but who would be treated by the new examination as all external candidates.

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