Keywords: Centre for Advanced Study; CAS; CAS-Sofia; Newsletter; CAS Newsletter; CAS Newsletter 2010
Articles, pictures and interviews can be reprinted only with the consent of Centre for Advanced Study Sofia (CAS - Sofia). Any citations should be duly acknowledged.
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Keywords: Centre for Advanced Study; CAS; CAS-Sofia; Newsletter; CAS Newsletter; CAS Newsletter 2002
Articles, pictures and interviews can be reprinted only with the consent of Centre for Advanced Study Sofia (CAS - Sofia). Any citations should be duly acknowledged.
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This working paper is an output of the European Commission’s FP7 "Marie Curie Industry-Academia Partnerships and Pathways" (IAPP) project entitled "GREY - Out of the shadows: developing capacities and capabilities for tackling undeclared work in Bulgaria, Croatia and FYR Macedonia". Ms Rositsa Dzhekova and Mr. Lyubo Mishkov, Center for the Study of Democracy, and Prof. Colin C. Williams and Mr. Josip Franic, GREY-IAPP, Sheffield University Management School, University of Sheffield elaborated the report in July 2014. This report provides a detailed review of available evidence on the extent and nature of the undeclared economy in the Former Yugoslav Republic of Macedonia (FYROM), as well as on the institutional actors involved in tackling the phenomenon and their policy approach and measures used.
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Keywords: LGBT community; needs; research; BiH;
Between February and June 2013, Sarajevo Open Centre conducted research about the rights, needs and problems of the LGBT community in BiH. The initial aim of this research was to map the real problems and to assess the particular needs of LGBT persons in BiH. The results will enable defining precise and clear arguments that could be used in future problem solving, through concrete activities, such as advocacy, education, meetings and similar, with institutions which are proven to act in discriminative manner against LGBT persons, by not performing their activities in accordance with ethics or through not intercepting the policy of selective human rights defending. An interdisciplinary theoretical approach is necessary for developing several perspectives that will highlight the complexity of sociological phenomena and create space for allocation of particular context of Bosnia and Herzegovina into a broad theoretical framework. By using questionnaires, we have explored how persons of non heteronormative gender and sex identity and sexual orientation, live in Bosnia and Herzegovina – which persons from their surroundings are aware of their LGBT identities and whether they support them, their experiences of discrimination and violence, how they handled these human rights violations, how did society and the legal system react, their opinions on Gay Pride Parade, their confidence in the police, whether their mental health suffers due to fear and homophobia they are exposed to because of their sexuality or gender identity, and how health workers relate to them. Likewise, we have inquired about the attitudes of LGBT persons on their social needs, their opinion about the LGBT community itself, on activities of Sarajevo Open Centre, and political participation. Data that was gathered through the research was processed in SPSS statistical software. A descriptive analysis was written in accordance with the statistical inquiry and is based on an interdisciplinary approach to areas and topics that is dealing with. First of all, it was important for us to use the analyses to interpret the issues that we have defined as our objectives. These analyses will serve as a platform for further advocacy, towards governmental and other institutions – police, health care, responsible ministries, judiciary and so forth – for changes that LGBT persons will benefit from. The research encompassed 545 persons ranging in age from 54 to 15. There were 275 persons of female sex and 246 of male sex, 14 intersexual and 9 transgender persons and 1 person who did not want to define itself according to sex. Out of these figures, 252 persons identified themselves through female gender, 235 through male, 9 persons was identified as transgender, while 42 of them does not identify themselves through gender and 7 persons have their own self creation of gender. When it comes to sexual orientation, there are 338 persons who are homosexuals, 151 bisexual, 25 pan sexual, 7 persons declared themselves as asexual, 9 as heterosexual, while 15 examinees identified as ‘other’ and added their own definition of their sexuality. Concerning the significant number of trans and intersex persons who have participated in the research, one chapter is particularly dedicated to them. The question related to which persons from their surroundings are aware of their LGBT identity has shown that for 90, 4 % of LGBT persons, their friends do know and the majority is supportive – out of the overall number, 89, 2 % of friends support their LGBT friends. Likewise, colleagues from work place/school/college are more familiar with the fact that a person is LGBT than their family members. Namely, for 46, 4 %, their work/school/college surroundings know that they are LGBT and two third of them (66, 6 %) gains their support. Sister/s know about her brother/sister/s being LGBT in 44, 7 % of cases and 86, 7 % of them is supportive, which makes them a group that is, after friends, the most supportive one. Mother/guardian is in the fourth place and for 40, 7 % of LGBT persons; she is familiar with their LGBT identity, but only 61 % of examinees have the support from their mother/ guardian. Brother/s are familiar with it in 37, 5 % of cases and majority is supportive – 75, 9 %. Acquaintances of LGBT persons are in 36, 8 % of cases familiar with their identities and most of them are supportive (67 %). Father/guardian is familiar with sexual orientation or gender identity of every fifth person (22, 7 %) and less than half of them supports their children (41, 8 %), which makes them the least supportive group among the close family members. For 15, 2 % of examinees, their broader family is familiar with their LGBT identity and supportive in 65, 7 % of cases. The question of whether one has experienced any form of discrimination because he/she is an LGBT person was answered positively by 35, 8 % of examinees and negatively by 63, 1 %. It is clear that persons who are not out to the broader public – at the workplace, college, to their acquaintance etc. – cannot be discriminated against due to their sexual orientation. This research shows that colleagues from work, school or college in 40,7 % of cases are aware that their colleague is an LGBT person but almost half of them are not supportive. Likewise, for every third person their acquaintances know his or her sexual orientation. All this together fits into an image that a little over one-third of LGBT persons are out to their broader surroundings and in accordance with that, discrimination is experienced only by every third LGBT person. Discrimination is not reported in 93, 8 % of cases. Only 3 cases of discrimination were prosecuted and one was completed successfully, while another 23 have never been prosecuted. Because of their gender expression or sexual identity, 23, 5 % of persons have experienced violence, while 74, 2 % of them have never been victims of violence. Physical violence was experienced by every third person, and sexual violence by almost every fifth person. Victims of violence are almost always persons who are out. 130 persons have suffered through violence, and only 17 of them have reported it, while 3 cases have been prosecuted in court and 2 cases are still ongoing. If we consider the fact that only 3 cases out of 17 that have been reported and prosecuted in court, while 2 other are still ongoing, it is nothing unusual that LGBT persons are not confident towards the institutions that are supposed to protect them. 23, 1 % of examinees have confidence in the police, while 73, 6 % does not have. Every third person who, due to the consequences of homophobia, suffers from depression, fear, anxiety, affliction or any other symptoms, is determined to seek for professional psychological, psychiatrists or therapeutics help because of assumed incompetence of persons one would approach to, and because of the fear that their sexuality will be uncovered. Almost 70 % of examinees have declared a lack of support from family and friends as the biggest issue. Although 82, 5 % of LGBT persons do not have to hide their gender identity and sexual orientation in front of their friends, it is obvious that the majority does not receive the desired emotional, psychological and social support. On the other hand, as the question related to support has shown (chart 10) – family is also not supportive, so the severity of this information is only being confirmed through questions on the biggest issues. Almost as big is the problem of physical violence (attacks, property wreckage and similar) – 68, 9 % of persons have marked it as the biggest issue. Psychological/verbal violence was marked as a problem by almost the same number of persons – 68, 7 %. When the issue of violence, whether physical or psychological, is associated with the failure of institutions that are supposed to punish those who commit it, the issue of processing and punishing violence is considered an urgent one, which needs to be resolved. Discrimination at the workplace, at school or at college is one of the biggest problems for 62.6% of examinees, which places the problem of discrimination on almost the same level with violence. The lack of state institutions’ support programs was described by 66, 4 % of examinees. Police, judiciary or certain areas of health system do not provide their services professionally, due to the lack of knowledge related to LGBT issues and to the high level of homophobia. The objective of examining the level of active and passive political participation of LGBT persons was to highlight the fact (which implies, but is not considered relevant, and even less is seen as a certain political potential) that LGBT persons are also voters in the elections (more than half of examined LGBT persons exercises their right to vote), that they are also members of political parties in BiH (62 persons are members of parties), and that they run for elections and have certain political results (13 out of 62 persons have been candidates on elections and have had certain results). Based on the analyses of collected statistical data and additional comments that examinees have emphasized, we have produced general conclusions and recommendations for certain sectors – some areas of the health system, police, but also civil society – since it was shown that they are not providing their services professionally, while we have tackled reasons and solutions of this situation in separate recommendations.
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Recent accession to the European Union means a speedy and dramatic shift in economic culture and practices toward a common market economy and behavior. How will Romania, with about half of its population leaving in villages and about one third of its active population involved in agriculture f t into this emerging post-peasant society? What will be the main tensions and the short term adjustments of this emerging social context? Without aiming to advocate for one scenario or another, the present essay intends to explore the role households and household centered economy actually play and will play in this context.
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The report analyses the major governance issues of the energy sector in Bulgaria, as well as the common energy crimes. It makes an overview of the 2020 Strategy and presents a recommended governance approach. The Bulgarian energy sector is key for the future development of the country’s economy. For the past decade energy exports and imports formed on average 12% (16% in 2008) and 21% (22% in 2008) of the value of the country’s outgoing and incoming trade flows respectively. Every fourth public procurement contract is concluded in the energy sector, making it one of the biggest taxpayers’ money spenders in the country. In 2008, in a single year, the Bulgarian government committed to energy projects, requiring budgetary investments equal in value to the whole EU funds support for the country for the current European seven year budget period 2007 – 2013.
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The present publication summarizes the discussions at the International Security Conference “NATO Transformation – Facing New Security Frontiers” held on April 28-29, 2006 in Sofia, Bulgaria. The conference’s discussions benefited from the participation of the Bulgarian Minister of Foreign Affairs Mr. Ivailo Kalfin, Assistant Secretary General of NATO Ambassador Adam Kobieracki, Minister of Foreign Affairs of Ukraine Mr. Borys Tarasyuk, Prime Minister, PISK, Kosovo Mr. Agim Çeku, senior offcials from Southeast European and EU countries, Ukraine, USA, Japan, representatives of international organizations and aid agencies, diplomatic missions, academic institutions and non-governmental organizations.
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Keywords: Labour market; human resources; employees; career; family; equal opportunities; gender; men; women;
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Keywords: Marginalized groups; Cyberbullying; Digital media victims;
Nasilje u Bosni i Hercegovini postaje sve značajniji i prisutniji problem, naročito pojavom digitalnih medija. Internetsko nasilje ili popularno rečeno cyberbullying postaje gorući problem u bh. društvu. Pojava novih medija je nerijetko doprinijela prelasku konvencionalnih - tradicionalnih medija (elektronski, štampani i radio) u online medije, što povećava čitanost prateći nove trendove. Digitalizacijom medija promijenio se način informisanja krajnjih konzumenata/kinja medijskog sadržaja. Ova promjena je posebno uticala na mlade, jer oni najprije prihvataju i pristupaju novim tehnologijama. Dostupnost informacija putem različitih uređaja omogućila je krajnjim korisnicima/ama medijskog sadržaja da i oni/e postanu dijelom akteri/ke imajući mogućnost komentarisanja sadržaja koji se pojavljuje na portalima. Pristup informacijama, međusobna pisana interakcija, neotkrivanje identiteta, kreiranja stranica, blogova, te različitih profila, korisnicima/ama daje mnogo mogućnosti. Pojavom velike količine medijskog sadržaja na jednom mjestu daje se i mogućnost zloupotrebe informacija. Fenomen internetskog nasilja iz dana u dan postaje ozbiljan problem u bh. društvu, a s druge strane sistematsko rješenje u vidu edukacije, informisanja, upoznavanja o načinu konzumacije novih medija ne postoji. Sistem obrazovanja u školi se ne mijenja, te mladi još uvijek uče o značaju i pojavi tradicionalnih medija, ne izučavajući digitalne medije i način njihove upotrebe.
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Keywords: BiH; legislation; freedom of assembly; organizer obligations; location and time of the assembly; assembly ban; OSCE; human rights;
This analysis is organised in chapters that address the most important thematic areas for the exercise of the right to freedom of peaceful assembly. First, the paper presents the research implementation method and a summary of documents containing key international recommendations for regulating the freedom of peaceful assembly. As a starting point for the analysis, the definitions of public assembly protected by BiH legislation are discussed, and a special focus is placed on peaceful assembly and public protest as the most important forms of public assembly for the purposes of this research. Significant space is devoted to the notification requirement, an area with probably most contradictions among the provisions of all the laws on public assembly in force in BiH. This aspect of the exercise of the right to freedom of peaceful assembly has been analysed primarily in light of a comparison of the notification system and the authorisation system, which is explicitly criticised by all relevant international recommendations. This is followed by restrictions, as well as privileges that the legislative framework subjects assembly organisers to, depending on their affiliation with certain categories or groups (e.g. restrictions for foreign nationals as opposed to privileges for trade unions). This chapter also reflects on a special type of assembly - unorganised, spontaneous assemblies as an immediate response to an event or an occurrence in the society, making assembly notification unfeasible. National legislation requirements have also been analysed with respect to data requested for assembly notification and the (non-)harmonisation of the deadlines and international standards. The issue of assembly location is also extensively discussed, as there are significant discrepancies between local laws, but also local laws and international standards due to bans on assemblies in many otherwise publicly available locations. The actions of authorities aimed at making it difficult for the organisers to choose a location they consider most appropriate for their peaceful assembly or public protest are visible. Assembly time is discussed in light of restrictive provisions in certain laws that limit the possibilities by imposing specific timing. Legal remedy in case of imposed restrictions on public assemblies is addressed from the perspective of the necessary urgency of the legal protection procedure, i.e., the need to complete the entire procedure in a timely fashion, from the decision on the ban to deciding on the appeal, so that the organisers can continue with assembly planning. The differences in the responsibilities expected of police bodies in providing security at peaceful assemblies and the duties and responsibilities imposed on organisers, leaders and stewards of public assemblies are compared. This chapter addresses a particular concern given that the guiding principle of freedom of peaceful assembly is that the competent authorities have a primary obligation to facilitate the enjoyment of the right to freedom of peaceful assembly. The last part of this paper addresses the provisions governing the reasons why police authorities may ban or interrupt an ongoing assembly and the sanctions provided by law. Finally, specific recommendations are given from the perspective of international standards that could significantly improve freedom of assembly in BiH through appropriate advocacy activities.
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Keywords: BiH; freedom of assembly; institution practices; legislation; organization of assembly; notification; banning public assemblies; authorities; human rights;
This Report analyses the right to freedom of assembly, with a focus on practices of the competent authorities: the ministries of the interior in the cantons of the Federation of Bosnia and Herzegovina and the Republika Srpska, and the Police of Brčko District. The practice of other actors in Bosnia and Herzegovina has also been researched, those competent to decide on the exercise of the right to assembly (ministries of transport, municipal bodies, private persons). Although the focus is on practice, positive regulations pertaining to notifications and the possibility of banning assemblies have also been analysed, as well as their compliance with international standards. The main goal of the research was to determine whether the practice of the institutions in Bosnia and Herzegovina is restrictive with respect to the right to freedom of assembly and what are the challenges that assembly organisers face. The research covered the entire territory of Bosnia and Herzegovina in the time period from 1 January 2017 until 31 December 2019. The results of the research indicate that the number of public assemblies in Bosnia and Herzegovina is growing, as is the number of their participants. Legislation, however, differs in different parts of Bosnia and Herzegovina, with the common characteristic that it is not in line with international standards. Poor legislation, its poor application in practice and the large discretion granted to actors in this field lead to restrictions and discrimination in the exercise of the right to public assembly in Bosnia and Herzegovina. Practices of the authorities vary depending on assembly purpose, i.e., they are restrictive where assemblies tend to criticize the local government or focus on the rights of women and LGBTI people. Therefore, it is necessary to align domestic laws throughout the country, to harmonize them with international standards and to continuously train state authorities with respect to international standards in this field and their application. In view of the above, this Report makes recommendations for the development of a quality framework for the exercise of the right to freedom of assembly in Bosnia and Herzegovina, in line with international standards.
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A key factor affecting the personal and social life of suspects and accused is the media coverage of their cases. Inappropriate media exposure, particularly at the beginning of proceedings, affect the presumption of innocence creating negative public attitudes towards defendants (and their families) before their guilt has been established by the court. The presentation of defendants in the media is subject to various studies, policies and regulations. However, the increased accessibility of technologies has changed the way information is shared, creating new challenges that are not addressed by the existing instruments. Once published, the news reach large audiences easily and quickly, remain accessible for a long time, and facilitate the identification of defendants. The present report is part of a series of country studies exploring the approaches used in four European Union Member States - Bulgaria, Greece, Italy, and Spain to regulate the media coverage of criminal proceedings and the disclosure of information about suspects and accused persons. The reports give an overview of the legal rules governing the public disclosure of information during criminal proceedings and examine the communication between criminal justice authorities and the media, including the access of the media to pending criminal cases. Another focus of the reports is the media coverage of ongoing criminal cases, the binding and non-binding rules governing the work of journalists when reporting on criminal proceedings, and the remedies available to suspects and accused persons to protect their rights or seek compensation for damages when these rules are not observed.
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Keywords: Bosnia and Hercegowina and EU; economic development; corruption;
This Policy Paper is a Reform Agenda & Questionnaire Monitoring Report. The new EU BiH initiative did yield some initial successes in 2015 and 2016. BiH authorities agreed a ‘Reform Agenda 2015-18’ with the EU and International Financial Institutions (IFIs), a broad blueprint for socio-economic reform that, if fully implemented, could have broken the country’s patronage system. Some initial implementation of the Reform Agenda and the formal fulfillment of some additional EU conditions prompted the EU’s General Affairs Council in September 2016 to grant the final reward in EU integration envisioned in the initiative – a referral of BiH’s membership application to the European Commission for its Opinion on granting candidate status. In December 2016 the Commission took the next step and handed over its Questionnaire to BiH. More significantly, the International Monetary Fund signed a loan arrangement with BiH in September 2016 designed to support the Reform Agenda, based on exceptionally strict financial conditionality and prompting the governments in BiH to concede on some previously unimaginable reforms. However, these successes were short-lived, limited and superficial. From early 2017, it became evident that the initiative would be a failure when it formally concludes at the end of 2018. Throughout 2017, implementation on all fronts came to an almost complete standstill, although EU representatives and other international officials continue to pretend the initiative is still alive.
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Keywords: environmental conventions; environmental ledislation; Kyoto Protocol;
This handbook is the result of the successful cooperation between the Heinrich Böll Stiftung and WWF and NGO partners in the neighbouring countries. It builds on the expertise gained and the work done in the context of the joint “Greening the ENP” project initiated in 2005. It is part of a process aiming to increase the capacity and involvement of NGOs in ENP implementation and monitoring. // Although focusing on the environment and sustainable development areas of the Action Plans, this handbook also seeks to provide a methodological contribution that could also be considered for adaptation to other areas covered by the Action Plans. hbs and WWF are pleased to share this methodology with other stakeholders, including NGO networks, research institutes, the European Commission and public administrations in the ENP countries. Contacts and exchanges have been established and cooperation should continue. Last but not least, the present methodology is to be seen as a flexible tool that may need further refinement. It has been tested in several countries between April 2008 and April 2009 by NGO partners and WWF offices in East ENP (Armenia, Azerbaijan, Georgia, Moldova and Ukraine). Their feedback and input have been crucial to ensure that this is and continues to be a living document.
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RUSSIA’S “HYBRID” WAR – CHALLENGE AND THREAT FOR EUROPE // European Dimension of Russia’s Aggression // Russia’s Hybrid Aggression: Ukrainian Foothold // RUSSIA’S “HYBRID” AGGRESSION: GOALS, CONSEQUENCES, COUNTERMEASURES // RUSSIA’S “HYBRID” AGGRESSION IN UKRAINE AND IN EUROPE: EXPERT OPINIONS AND ASSESSMENTS // THE RUSSIA-UKRAINE CONFLICT IN THE EYES OF CITIZENS // CHARACTERISTICS AND CONSEQUENCES OF RUSSIAN EXPANSION: EXPERT DIALOGUE // TOTAL WAR PUTIN-STYLE: RUSSIA’S “HYBRID” WAR AGAINST UKRAINE // “HYBRID” WORLD WAR IV (2014-2016). THE RISE AND FALL OF THE “RUSSIAN WORLD” // INFORMATIONAL-PSYCHOLOGICAL ASPECT OF A “HYBRID” WAR // FROM “RUSSIA’S GREATNESS” TO “GRAND EURASIA”: HYBRID WARAS A MECHANISM OF RUSSIA’S GEOPOLITICAL EXPANSION // MILITARY COMPONENT OF RUSSIA’S AGGRESSION // THE CHALLENGE OF “HYBRID WAR” // RUSSIA AND СENTRAL AND EASTERN EUROPE: BETWEEN CONFRONTATION AND COLLUSION // KREMLIN’S NETWORKS IN FRANCE
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This White Paper proposes an alternative, independent vision of state policy for controlling illegal migration in Ukraine. This is the final report from the “Improving the Implementation of Migration Policy by Disseminating EU Experience with Readmission Treaties” Project implemented by the International Centre for Policy Studies (Kyiv, Ukraine) and the Institute for Public Affairs (Warsaw, Poland), with support from the Embassy of the UK in Ukraine. This document also contains recommendations for institutional reform, legislative changes, and drawing on technical assistance, as well as proposals for specific polices and programs in migration control and border management. The report also proposes responses to challenges associated with signing a Readmission Treaty with the EU: recommendations on creating conditions for the detention of illegal migrants, ensuring them legal protection, and carrying out identification and expulsion procedures. Moreover, this paper also lays out reforms that are needed to improve the effectiveness of Ukraine’s migration policy: reforms in the Ministry of Internal Affairs (MIA) and the judiciary.
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CONSULTATIVE MEETING // “UKRAINE-RUSSIA: TO A NEW MODEL OF RELATIONS” // Towards a new quality of co-operation between Russia and Ukraine // Expanding the base of Ukraine-Russia co-operation // Produce a strategy of co-operation adapted to new challenges // Four stations of Ukraine’s European train // Towards the new formula of the Ukraine-Russia partnership // Problems and perspectives of the Ukrainian choice // Searching for ways of rapprochement between Ukraine and Russia // Remove uncertainty zones // Follow the standards of democracy // The principle of rigid political realism should become prevalent // Building relations on the principles of mutual respect, equality, and good neighbourhood // Develop bilateral contacts // Potential of inter-parliamentary co-operation // Solve questions in the political sphere of relations // The way to a new format of relations is through the construction of civil society // No hasty steps, no mistakes // Get rid of complexes, be realistic about opportunities // No need to drive relations into a deadlock // Dialogue should have a productive effect // Strengthen contacts of non-governmental structures of both countries // PROBLEMS AND PROSPECTS OF CO-OPERATION BETWEEN UKRAINE AND RUSSIA IN THE ASSESSMENTS OF UKRAINIAN CITIZENS
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WHAT UKRAINIANS THINK ABOUT RELIGIOUS EDUCATION // RELIGIOUS EDUCATION IN UKRAINE: PROBLEMS AND SOLUTIONS // ONE SHOULD NOT DELAY THE INTRODUCTION OF RELIGIOUS EDUCATION IN A POST'ATHEISTIC SOCIETY / TODAY SECONDARY SCHOOL DOES NOT MEET SOCIETY’S REQUIREMENTS // WE SHOULD SEEK TO FORGE A NATIONWIDE CONSENSUS ON MORAL BEHAVIOUR // WE ALL KNOW HOW TO DO IT AND ARE CAPABLE OF DOING IT, BUT THERE IS NO GOOD WILL // FORMATION OF SPIRITUALITY, MORALITY, AND OUTLOOKS IS A PROBLEM THAT WE SHOULD RESOLVE TOGETHER // ARTICLE 11 OF THE CONSTITUTION OBLIGES THE STATE TO REVIVE TRADITIONAL RELIGIOUS MORALITY // OFFERING MORALITY WITHOUT GOD MAKES NO SENSE // A SPIRITUAL SUBJECT MUST BE MANDATORY IN EACH SCHOOL // CHURCHES SHOULD ACT TOGETHER AND HAVE COMMON VALUES // MOST IMPORTANT PROBLEM IS WHAT SHOULD BE TAUGHT IN SECONDARY SCHOOL // WE MUST WORK SIDE BY SIDE IN INTRODUCING SPIRITUAL EDUCATION
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Keywords: culture; education; science; media; Hungary; Orbán-regime; government; corruption
With this volume, we continue our "Hungary turns its back on Europe" report, which was finalised in autumn 2019 and published in January 2020, "prepared by independent Hungarian intellectuals who wish to inform the Hungarian and international public as well as European institutions about the severe harm that the Orbán regime governing Hungary since 2010 has caused in the fields of education, science, culture, and the media." The reason for carrying on with our work is that, in the meanme, the situation in Hungary has exacerbated: the authoritarian features of the Orbán regime have been further strengthened, dismantling of the rule of law has continued, and the government's "cultural warfare" has moved up a gear and is increasingly destructive in the domain of culture. It is our common experience that Hungary, using European Union funds, has built an openly anti‐European, 21st century autocracy, which has taken the state captive, dismantled the checks and balances essential to the rule of law, turned democratic institutions into an empty shell, invaded the media and made corruption systemic.
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Keywords: BiH; Self-Representation; guide; FBiH; enterprises;
(Second, extended edition) This Self-Representation Guide for Micro, Small and Medium-Sized Enterprises in the Federation of Bosnia and Herzegovina (the Guide) is produced under the Bosnia and Herzegovina (BiH) Commercial Justice Technical Assistance Project(Project) implemented by the World Bank and funded with UK aid from the UK Government. The objective of the Project is to support justice institutions in implementing reforms that improve efficiency and access to commercial justice in BiH, building on the recommendations of the UK funded 2016 Feasibility Study on Improving Commercial Case Management in the Federation of Bosnia and Herzegovina. The Project is part of a broader World Bank initiative to raise awareness of reform opportunities and inform policy dialogue on the efficiency, quality, and access to justice across countries in the Western Balkans, with a view to improve the performance of justice systems in these countries. The Project comprises five components, as follows: (1) strengthening commercial departments and commercial courts in the Federation of Bosnia and Herzegovina (FBiH) and the Republika Srpska (RS), respectively, through analysis of caseloads and workloads, and providing recommendations to re-engineer processes, reduce backlog and strengthen court management; (2) fast-tracking small claims, based on results of comparative legal analysis of civil procedure in BiH and in several countries of the European Union; (3) increasing access to justice for Micro, Small and Medium-Sized Enterprises (MSMEs) through developing guides to increase legal literacy among firms; (4) capacity building through developing and implementing peer-led counseling and supplementary training for commercial judges; and (5) implementing procedural reforms to close loopholes and reduce bottlenecks in case processing through proposals for legislative amendments. This Guide is delivered under Project Component 3 - Increasing Access to Justice for MSMEs. Its purpose is to help the MSMEs in the FBiH to better understand court processes and gain basic knowledge necessary for self-representation at courts. The Guide provides answers to questions the MSMEs might have before deciding whether to litigate. The Guide is designed for MSMEs in the FBiH which do not possess formal knowledge in this area. A Guide of identical scope, structure and contents has been produced for MSMEs in the RS, reflecting specific features of the RS legal system and relevant regulation. The contents of the Guide and the topics addressed were defined based on broad consultations with representatives of business and legal community and the needs of the larger target audience. The Guide does not address all topics that might be of interest to some MSMEs, such as international litigations or labor disputes. The first edition of the Guide was published in December 2019 and widely distributed among the business community. To reflect the users’ feedback as well as lessons learnt from the impact of COVID-19 pandemics, this second edition was prepared to include a chapter on administrative disputes and provide additional information on liquidation and bankruptcy proceedings. The Guide uses a simple legal language and is written in a colloquial style, addressing directly a businessperson that considers using of court services. The first three chapters of the Guide introduce the notion of self-representation at courts and provide overview of the litigation procedure and organization of the court system in the FBiH. Chapters IV-VIII explain the rules of litigation step-by-step, providing guidelines for filing and responding to a lawsuit, preparing and participating at court hearings and filing an appeal. Chapters IX and X provide overview of special procedures that are important for businesses, such as liquidation and the bankruptcy procedure. Chapter XI explains the enforcement procedure, since implementation of judicial decisions is critical part of the judicial procedure. Chapter XII provides basic information on administrative disputes and proceedings in FBiH. Finally, Chapter XIII gives information on alternative dispute resolution methods, including characteristics, advantages and disadvantages of mediation and arbitration. Basic terms of litigation procedure are provided in the last chapter. Annex 1 provides information on ranges of court fees in each canton and links to the laws on court fees and calculators of court fees and costs of proceedings. Annex 2 provides contact details of courts as well as organizations or institutions that can provide additional referrals. Annex 3 provides table of templates’ examples.
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