What are the competencies of the HJPC BiH?
22.07.2014.
The Council has the following competencies:
- Appointment of judges, including Court Presidents, lay judges and reserve judges in all courts at the State, Entity, Cantonal, District, Basic and Municipal levels in Bosnia and Herzegovina, including the Brcko District of Bosnia and Herzegovina, but excluding the Constitutional Courts of the State and Entities of Bosnia and Herzegovina;
- Appointment of Chief Prosecutors, Deputy Chief Prosecutors and prosecutors in all prosecutors’ offices at the State, Entity, Cantonal and Brcko District level in Bosnia and Herzegovina, including the Brcko District of Bosnia and Herzegovina;
- Making proposals to the relevant authorities in relation to, their proposal and election of judges to the Constitutional Court of Republika Srpska and their nomination of judges to the Constitutional Court of the Federation of Bosnia and Herzegovina. When exercising its competence under this paragraph, the Council shall seek a written opinion of the relevant Constitutional Court before it makes its proposal;
- Receiving complaints against judges and prosecutors, conducting disciplinary proceedings, determining disciplinary liability, and imposing disciplinary measures on judges, lay judges, reserve judges and prosecutors;
- Deciding upon appeals in disciplinary proceedings;
- Deciding upon suspensions of judges, lay judges, reserve judges and prosecutors;
- Supervising the advanced professional training of judges and prosecutors and advising the Entity Centres for Judicial and Prosecutorial Training and the Brcko District of Bosnia and Herzegovina Judicial Commission in their adoption of programmes of advanced professional training for judges and prosecutors;
- Determining the minimum amount of advanced professional training to be undertaken by every judge and prosecutor each year;
- Determining the induction training for candidates chosen for judicial and prosecutorial office and supervising the provision of such training;
- Approving the annual report of the Steering Boards of the Entity Judicial and Prosecutorial Training Centres and of the Brcko District of Bosnia and Herzegovina Judicial Commission insofar as it relates to the induction training and the advanced professional training of judges and prosecutors;
- Deciding upon issues of incompatibility of other functions performed by judges and prosecutors;
- Deciding upon the temporary assignment or transfer of judges and prosecutors to another court or prosecutor’s office;
- Deciding upon leaves of absence for judges and prosecutors;
- Participating, at the Council’s discretion, in the drafting process of annual budgets for the courts and prosecutors offices;
- Making recommendations upon, at the Council’s discretion, the annual budget proposals made by governmental bodies and/or governments for courts and prosecutors offices;
- Making and presenting recommendations, at the Council’s discretion, for amendments to the proposed budgets made by governmental bodies and/or governments and/or the Brcko District of Bosnia and Herzegovina Judicial Commission before the relevant legislative bodies;
- Collecting and analysing reports and relevant budget and revenue data for courts and prosecutors offices, in order to provide statistical data for the effective operation of courts and prosecutors offices;
- Advocating for adequate and continuous funding of courts and prosecutors’ offices in Bosnia and Herzegovina;
- Participating in the drafting of, and approving, Books of Rules for the operation of courts and prosecutors offices in Bosnia and Herzegovina;
- Monitoring and advising courts and prosecutors offices on appropriate and effective budget, administration and management techniques and procedures and initiating training in this regard;
- Initiating, overseeing and coordinating projects related to improving all aspects of the administration of courts and prosecutors offices, including seeking national and international funding therefore;
- Setting criteria for the performance evaluations of judges and prosecutors;
- Setting criteria for the performance of courts and prosecutors offices, and initiating enquiries concerning administrative or financial conduct;
- Initiating, coordinating and supervising the use of information technology by courts and prosecutors’ offices in order to achieve and maintain uniformity in this area between and among courts and prosecutors’ offices throughout the country. No court or prosecutors’ office shall adopt an automated case-tracking registration, tracking or related system, including backup and storage systems, without obtaining the prior approval of the Council;
- Determining the number of judges, prosecutors and/or Deputy Chief Prosecutors of each court or prosecutor’s office within the Council’s competence, after consultation with the relevant Court President or Chief Prosecutor, relevant budgetary authority, and the relevant Ministry of Justice;
- Collecting information and maintaining documentation on the professional status of judges and prosecutors, including their date of appointment, termination of office, statistical information relevant to their work performance, and any other information which the Council considers relevant to the work of Court Presidents, Chief and Deputy Prosecutors, judges and prosecutors;
- Providing opinions on complaints lodged by a judge or a prosecutor who considers that his or her rights provided for by this or other law, or more generally his or her independence are threatened;
- Providing opinions on draft laws, regulations, or issues of importance that may affect the judiciary, initiate the adoption of relevant legislation and other regulations and to provide guidance to courts and prosecutors’ offices on matters falling under the Council’s competence;
Issuing codes of ethics for judges and prosecutors.
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