EU4Justice: Strengthening the rule of law in Bosnia and Herzegovina

As a candidate for European Union membership, Bosnia and Herzegovina needs to comply with the EU’s standards of justice, as set out in several of the 14 key priorities for accession, and as referred to by the EU Commission in its strategy for the Western Balkans of 2018.

The fragmentation and complexity of its institutional bodies have put the country in a difficult situation, especially in terms of ensuring the rule of law. The lack of commitment of political stakeholders in the implementation of reforms of the justice system has affected the ability of citizens to avail themselves of their rights. It has also undermined the capacity of the State to fight against corruption and organised crime.

The first phase of the EU4Justice project was implemented between 2019 and 2021 to improve the fight against corruption and high-level financial investigations. During this first phase, Expertise France acquired extensive knowledge about judicial institutions in Bosnia and Herzegovina, which it can build on to extend the action.

In line with the first phase, Expertise France is continuing to provide support in aligning Bosnia and Herzegovina’s judicial system with European standards and bringing it into compliance with the EU acquis by strengthening the rule of law. To this end, the project is focusing on sharing practical methodologies with the High Judicial and Prosecutorial Council (HJPC) and the main justice sector institutions in the country.

Through this action, the project aims to ensure the independence and professionalism of the judicial system, promote judicial reforms, and improve the country’s response to organised crime and corruption. This includes:

• An effective supervision of the justice sector reforms by the HJPC
• Training, supervision and advice for judicial officials regarding integrity
• Improving the effectiveness, transparency and security of the judicial system
• Strengthening the effectiveness of the handling of cases of organised crime and corruption by the judicial system

The activities implemented under the EU4Justice project are based on four lines of action.

1. Strengthen the monitoring and evaluation capacities of the High Judicial and Prosecutorial Council and Ministry of Justice 

The project is helping strengthen the methodologies and competencies of the HJPC and Ministry of Justice for the strategic planning, monitoring and evaluation of the judicial reforms.

The HJPC will thereby benefit from an improved capacity to supervise the implementation of the policies. It will also have more tools to coordinate the contributions of international donors to the justice reforms in Bosnia and Herzegovina.

2. Improve the ethics and integrity mechanism for judges 

Expertise France is assisting with the preparation for the introduction of a system to verify the assets and interests of judges.

The training programmes on integrity are being improved and an advisory mechanism on issues regarding ethics and integrity has been set up for judges.

3. Increase the effectiveness of the judicial system

The High Judicial and Prosecutorial Council is benefiting from support to improve:

• Career management for judges
• The disciplinary responsibility of the judiciary and the system of sanctions towards judges
• The effectiveness, efficiency and security of the judicial system 

At the same time, the Ministry of Justice (and all the beneficiaries) are receiving support on the preparation of legislative proposals through legal advice.

4. Support the coordination and cooperation of institutions in the criminal justice system in the fight against corruption and organised crime

The EU4Justice project is strengthening:

• The management of judicial proceedings
• The effectiveness of the handling of cases of organised crime and corruption through enhanced cooperation, tools, and powers shared by prosecutors and police officers to jointly investigate organised crime and corruption
• The independence and responsibility of judges who handle organised crime and high-level corruption 

In addition, the Prosecutor’s Office is receiving support for cases related to corruption and organised crime. Cooperation between prosecution and law enforcement services is encouraged.