Adoption of the RS VSTS Law leads to complete legal uncertainty and the capture of the judiciary

Banja Luka, 8. February 2022 – Transparency International in Bosnia and Herzegovina (TI BiH) warns that the adoption of the Law on the High Judicial and Prosecutorial Council of the Republika Srpska, which should take the form of a draft before the deputies on 20. regular session of the National Assembly of the Republika Srpska, set a dangerous precedent that would lead to legal uncertainty. The adoption of the new law, which was put on the agenda of today’s NARS session at the last minute, is just another in a series of attempts to overthrow the legal order and establish additional capture of judicial institutions. In recent months, the authorities in Republika Srpska have obviously been trying to establish control over all institutions and processes by creating parallel institutions without grounds, and now, through the appointment of suitable judges and prosecutors, they are trying to further undermine the rule of law.

We remind you that Bosnia and Herzegovina already has a High Judicial and Prosecutorial Council (HJPC), which was established as an independent and autonomous body, and has the task of providing an independent, impartial and professional judiciary. The HJPC members are judges and prosecutors from all over BiH, and this body has the authority to appoint judges and prosecutors at the state, entity, cantonal, district, basic and municipal levels, including the Brcko District of BiH, with the exception of the entity constitutional courts. The Constitution of Bosnia and Herzegovina stipulates that BiH is a state governed by the rule of law, and the rule of law is obliged to guarantee legal security to its citizens. Legal certainty, on the other hand, means that every individual can rely on the meaning and predictability of positive legal regulations, as well as the rights and obligations arising from those regulations. Creating parallel institutions and disrupting the unity of the organization and governance of the judiciary would undermine legal certainty and impede the enjoyment of basic human rights and freedoms such as the right to liberty and security of person, the right to property, the right to a fair hearing and criminal matters, etc.

The legislative procedure before the Parliamentary Assembly of BiH includes amendments to the Law on the HJPC, in order to harmonize it with the recommendations of the Venice Commission and the priority conditions of the European Union, which require stronger guarantees of judicial independence. The HJPC, as an independent and autonomous body governing the judiciary, needs to be strengthened by additional guarantees of independence, while initiatives to create new bodies at the entity level thwart such efforts. TI BiH has long pointed to the problems of political influence on the judiciary in BiH and the need for comprehensive reform, strengthening independence and accountability, but instead The authorities in the Republika Srpska are trying to create chaos and uncertainty by completely collapsing the legal order, which would have catastrophic consequences for all processes in the country, basic rights of citizens and the functioning of all institutions. Instead of dealing with the Law on the HJPC, which is in the legislative procedure before the BiH Parliamentary Assembly, decision-makers are dealing with the adoption of a law that is a threat to legal security and will further alienate BiH in the European integration process.

TI BiH warns that the Draft Law on the HJPC of the Republika Srpska has not been published on the official website of the National Assembly of the RS, that the content of the draft is unknown to the general public, that the public learned about the draft through unofficial sources, a few days before the session. the impact of passing such a law.

The creation of parallel institutions for the supervision of the judiciary, all under the guise of national interest, is actually aimed at creating a private state and destabilization with the aim of strengthening the position of the ruling parties. TI BiH therefore calls on NARS MPs to take responsibility towards the citizens of Republika Srpska and Bosnia and Herzegovina and urges them to consider the consequences of establishing such institutions and the losses they will produce due to legal uncertainty and paralysis of institutions. give their contribution to reforms in the judiciary with proposals that respect basic legal principles.

Press rls-08.02.21_