Member of the House of Representatives of the Parliamentary Assembly of Bosnia and Herzegovina Branislav Borenović (PDP) said that it is very important to act as quickly as possible in parliament and adopt the ‘European judicial laws’, which were proposed by members of the opposition parties from Republika Srpska.
– There is no more time to wait, to listen to meaningless excuses for not adopting or prolonging the adoption of laws that will make the judiciary more efficient, fairer and more professional – said Borenović for Fena news agency.
At the emergency session of the state parliament on December 22 last year, the House of Representatives adopted, in the first reading and by abbreviated procedure, the Bill on the High Judicial and Prosecutorial Council of BiH, proposed by MPs Darko Babalj, Branislav Borenović, Mira Pekić, Nenad Grković and Mladen Bosić.
At that time, the conclusion was also adopted that the Constitutional Law Commission of the House of Representatives should be tasked with conducting a public debate on the Draft Law on the HJPC within 30 days. In the process of public discussion on the draft law, which is scheduled for January 21, the Constitutional Law Commission will seek opinions from the European Commission for Democracy through Law – the Venice Commission, the High Judicial and Prosecutorial Council of BiH, and the relevant associations of judges and prosecutors in BiH.
The aforementioned opinions will be an integral part and attachment to the report on the results of the public hearing, which the Constitutional Law Commission will submit to the House.
The House of Representatives then, by adopting the negative opinion of the Constitutional Law Commission on the Bill on Amendments to the Law on the Court of Bosnia and Herzegovina, whose proponents were also MPs Darko Babalj, Branislav Borenović, Mira Pekić, Nenad Grković and Mladen Bosić, rejected the said law.
Ambience of judicial inaction
Borenović points out that we are already in 2026, “and we are still standing”.
– What has the current government done so far, why did it not propose laws that would raise the level of efficiency of judicial institutions in the fight against corruption. Where are the results of the work of key judicial institutions all these years. Simply, we live in an environment of judicial inaction, inaction, lack of resentment, while corruption enters every pore of our society – Borenović believes.
He reminded that in the House of Representatives, their law on the HJPC was adopted in the first reading “by which the integrity of judicial institutions and the verification of the assets of holders of judicial functions are regulated in accordance with very rigorous standards”. He expects that in the second reading, after the amendment phase, “we will finally get this serious law on the HJPC”.
Anti-corruption standards
“Unfortunately, the law on the Court of Bosnia and Herzegovina has not yet been amended, which would have made the headquarters of the appellate division of the Court of Bosnia and Herzegovina in East Sarajevo, in Pale, and it is truly incredible that the SNSD and their partners were against this solution,” said Borenović.
He added that both of these laws, which were proposed by the SDS, PDP, Lista za pradvu i order, “reflect the existing constitutional structure of BiH, introducing important European criteria into the integrity of judicial institutions in BiH, applying very important anti-corruption standards regarding the verification of the assets of the most important holders of judicial functions”.
– Of course, the most important thing is that the adoption of these laws, along with the appointment of the chief negotiator, would open up the possibility for BiH to formally start accession negotiations with the European Union – Borenović pointed out.
He believes that “several months of waiting, futility, frustration and senseless outwitting in the ruling structures on the issue of European integration can be overcome by the adoption of these laws in the Parliamentary Assembly of BiH and finally enter the essentially most important and demanding phase of joining the EU, which is the primary interest for the people of the Republika Srpska, the Federation of BiH and the whole of Bosnia and Herzegovina”.
Veting in the judiciary
– I especially want to emphasize the importance, essence and content of the law on the High Judicial and Prosecutorial Council with more than 240 members, which establishes vetting in the judiciary, which entails a comprehensive check of prosecutors and judges in order to determine whether they are professional, independent, honest and non-corrupt – said Borenović.
He added that the vetting or “cleaning” of the judiciary includes checking their assets, professionalism in work and integrity, “in order to reach those who are competent, honest and without political influence”.
– I am convinced that there are enough of them, and that there is no reason to fear such a “purified” judiciary. That is why I am surprised by the reaction of certain holders of judicial functions who want to challenge the proposed law on the HJPC. This is a very simple decision, the only correct one, very important for the future of the society in which we live and in which the judiciary must be the most important pillar of trust and protection for all citizens, regardless of political and status affiliation – concluded Borenović, Fena writes.
