European Network of Judicial Councils Expresses Strong Support for Bosnia and Herzegovina’s Judiciary

Sarajevo, (Fena) – The European Network of Councils for the Judiciary (ENCJ) has expressed strong support for the judiciary in Bosnia and Herzegovina, voicing serious concerns regarding the threats and pressures faced by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC BiH) and all judicial officials in the country.

The ENCJ statement underscores that no judge or prosecutor should endure intimidation or threats while fulfilling their professional responsibilities. It stresses that penalizing judicial officials for their lawful actions is fundamentally unjust and contradicts the principles of the rule of law.

The ENCJ Executive Board specifically pointed out that recent legal measures instituted in the Republic of Srpska, which restrict the operations of Bosnia and Herzegovina’s institutions—including HJPC BiH—have fostered a climate of intimidation, particularly affecting judges and prosecutors in that region.

The statement reaffirms that judicial independence is a cornerstone of the right to a fair trial and a vital component of the rule of law, a principle enshrined in both the European Union Treaties and the European Convention on Human Rights.

ENCJ also addressed the ongoing development of a new Law on HJPC BiH, noting the critical importance of involving the judiciary in any reform discussions led by the executive and legislative branches.

There is concern regarding a recent legislative proposal submitted to parliament, which has significantly diverged from an earlier draft agreed upon with HJPC BiH, particularly with respect to budgetary authority.

The ENCJ warns that such a stance threatens the institutional integrity of HJPC BiH and undermines judicial independence. It reaffirms its commitment to supporting and enhancing an independent, impartial, and professional judiciary in all countries seeking EU membership.

The European Network of Councils for the Judiciary (ENCJ) unites judicial councils from EU member states and observes from candidate countries, aiming to bolster the independence, accountability, and quality of the judiciary.

ENCJ works closely with EU institutions, providing recommendations pertinent to evaluating compliance with rule of law criteria, especially in relation to EU enlargement. In this capacity, ENCJ plays a pivotal role in sustaining a shared European legal framework and actively monitors the state of the rule of law in candidate nations, including Bosnia and Herzegovina. (22.05.)