In the context of strengthening the regulatory role and role of a guarantor of independent, accountable and quality judiciary, as well as preparing for the membership in the European Union, in cooperation with the Norwegian Courts Administration and the Council for the Judiciary of the Netherlands, the High Judicial and Prosecutorial Council of Bosnia and Herzegovina has been continuously applying the principles of the European Network of Councils for the Judiciary (ENCJ). 

In June 2023 the HJPC BiH was granted the observer status in the ENCJ and even before acquiring that status, participated in the processes of evaluation of independence, accountability and quality of the judiciary that the ENCJ has been conducting continuously. The evaluation results indicated the need for strengthening the public trust and integrity of both the HJPC BiH and overall judiciary. In order to achieve the aforementioned and in accordance with the ENCJ standards, strengthening the accountability of the judiciary proved to be necessary by applying the tools of the external review of the HJPC BiH performance, which was realised at the end of 2023.

The subject of the external review were issues that fall under the competence of the HJPC BiH. A committee made of international experts of partner institutions analysed the collected statistical data, normative documents and information from interviews with the relevant stakeholders.

In order to ensure complete objectivity and application of the highest European standards, the HJPC BiH made a decision to have the external review carried out in cooperation with partner institutions, the Norwegian Courts Administration and Council for the Judiciary of the Netherlands. For that purpose, the said institutions proposed experts who actively participate in the work and improvement of the work of the judiciary in their home countries. The external review procedure was carried out according to predetermined methodology harmonised with the ENCJ standards and approved by the HJPC BiH.

The experts who made up the review committee interviewed the HJPC BiH members, the HJPC BiH Secretariat management, a number of court presidents and chief prosecutors, representatives of the international community and legislative branch. 

The external review process was finalised with the preparation of a Report that focused on the key measures that the HJPC BiH should take in order to strengthen the independence and accountability of the work of the judiciary.

The committee’s recommendations concerned the ethical standards of the Council members, the selection/appointment procedure, the disciplinary accountability system and governance and management. 

As was concluded in the Report, important strides were made in areas contributing to independent, impartial and professional judiciary, while it was highlighted that the current competences were a prerequisite for the HJPC BiH to protect the independence of the BiH judiciary.

In the context of the HJPC competences and tasks, as well as the composition and election of the members of the Council, the Review Committee believes that the HJPC BiH fully meets the European (EU and Council of Europe) standards concerning an independent, self-regulatory body for the judiciary.

Although the Review Committee established a comprehensive responsibility of the HJPC BiH to preserve, manage and develop the BiH judiciary, so as to protect and develop the independence, impartiality and professionalism of the BiH judiciary, a need for the development of a multi-year strategic approach was emphasised with an accent on management and government, including the budget development strategy, court management strategy and ICT strategy.

Although there are relatively good relations between judicial stakeholders, the Committee advised the HJPC BiH to keep developing relations with the managers of judicial institutions by intensifying meetings. 

Regarding the appointment and promotion process, it was stressed that certain achievements were made, that it was more based on expertise than before, but that certain improvements were needed, so that the process would guarantee the selection of the best candidates. The improvements refer to the need to further harmonise the quality and quota criteria, so that the quota criteria take the complexity of cases into account, thus guaranteeing higher quality in the promotion of judicial office holders. Apart from that, the need to consider introducing psychological testing in appointments was emphasised, with a higher focus on management skills and formalising the opinions of judicial institutions’ managers in appointing judicial office holders.

The disciplinary liability system needs to be strengthened by redirecting the focus on essential issues related to integrity and more consistent criteria application in matters of disciplinary liability.

The review report, presented to the general public, judicial, executive and legislative branches will serve the HJPC BiH as guidelines for improvement of the areas identified as priority.

What the Report particularly emphasised was that, regarding the competences prescribed by the Law on the HJPC and Amendments to the Law on the HJPC from 2023, the HJPC BiH full meets the European (EU and Council of Europe) standards concerning the independence and accountability of the self-regulatory bodies for the judiciary.

The HJPC BiH fully accepted the external review Report recommendations, clearly expressing the need for their prompt implementation through the creation of a plan of implementation of short-term and long-term activities.

By conducting the external review process, the HJPC BiH has demonstrated full commitment to European standards and assumed responsibility and readiness to take the necessary steps to improve the judicial system.

The external review should be a regular instrument of self-appraisal of the judiciary in particular matters and makes for a foundation for strengthening the accountability of the work of the Council, as the self-regulatory body of the BiH judiciary.