Bosnia Legal System

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Under the Constitution, the Constitutional Court of Bosnia and Herzegovina does not have the power to verify whether substantive or procedural law has been correctly applied. Appeals to the Constitutional Court of Bosnia and Herzegovina against the decisions of the ordinary courts are neither ordinary nor exceptional legal instruments. It is necessary to restore the legal instrument of the injured party as a prosecutor if the prosecutor decides to dismiss the criminal complaint. In the past, the fragmentation of the judicial system has led to legal uncertainty, inequality before the law and arbitrary justice. The main legal basis is Article II/2[5] of the Constitution of Bosnia and Herzegovina. The Constitution of Bosnia and Herzegovina (Article III/1 g[4]) authorizes the establishment of the Supreme Court of Bosnia and Herzegovina. Annex I of the Constitution of Bosnia and Herzegovina, the Additional Convention on Human Rights to be applied in Bosnia and Herzegovina, also establishes the legal basis for the Supreme Court of Bosnia and Herzegovina. It is generally accepted that the inadequacy of the judicial system in Bosnia and Herzegovina, commonly referred to as the “system of injustice”, has significantly affected the country`s progress and contributed to the slow growth in the standard of living of citizens, because without the rule of law, economic development and the revival of the war-torn economy are not possible. The body that is committed to ensuring the maintenance of an independent, impartial and professional judiciary in Bosnia and Herzegovina is the High Council of the Judiciary and Prosecutors of Bosnia and Herzegovina. Its tasks include judges, prosecutors and legal staff, disciplinary responsibility, administration of justice and statistics, budgets of judicial institutions, monitoring of professional development, introduction of ICT systems, reform activities in the judicial sector of Bosnia and Herzegovina. Some initiatives have been taken to create a comprehensive and freely accessible legal database that would contain laws at various levels, including their unofficial translations into English. Unfortunately, these projects did not survive.

Today, one can only refer to the already mentioned resources of the official publishers, but not all of them are free. Individuals and networks of individuals also endeavour to collect and dispose of legal documents online through portals or personal websites, but given the reliability criteria, it would be desirable to contact the editors of the Official Gazettes. However, there is already a commercial database of legal acts, commentaries and case law clauses. The main test of review would be whether judges and prosecutors make the same decisions in the same or similar cases. In other words, whether judges and prosecutors have adhered to the fundamental principle of equality before the law as the basis for legal certainty and the rule of law? In this way, incompetent and immoral judicial officials would be eliminated. The fragmentation of the judicial system inevitably leads to different legal positions with regard to the application of procedural and substantive law, the protection of property and contractual relations and the protection of resources protected by criminal law. The European Convention is directly applied in Bosnia and Herzegovina and only the Ordinary Supreme Court of Bosnia and Herzegovina can ensure the application of this suprajudicial and supraconstitutional act throughout the territory of Bosnia and Herzegovina. The indictment against Radovan Stankovic alleged that between April 1992 and February 1993, as a member of the Miljevina battalion of the Foča Tactical Brigade, he committed, incited, supported and facilitated the enslavement, torture, rape and murder of non-Serb civilians. These acts were allegedly committed in the context of a widespread and systematic attack by the army of the Serb Republic of Bosnia and Herzegovina, the police and paramilitary formations against the non-Serb population of the municipality of Foča. The court confirmed/accepted the indictment on 7 December 2005. Foreign and domestic capital require legal certainty, require the settlement of simple commercial disputes within one year for the longest period, or within two years for more complex cases.

Legal system: civil law; Constitutional review of legislative acts It must not happen that “legal experts simply end up before the Court of Bosnia and Herzegovina or before the Public Prosecutor`s Office of Bosnia and Herzegovina” without first having drafted a single judgment or indictment. On 19 November 2007, the Appellate Body rendered the final judgement in the Gojko Janković case, which partially upheld the defence appeal and the judgment of the Main Committee of Inquiry of 16 February 2007 concerning the legal characterization of the acts constituting crimes against humanity for which the Trial Group had convicted the accused, Changed. The verdict of the Trial Committee remains unchanged in the other parts, including the 34-year long prison sentence imposed on the accused by the Trial Committee. Bosnia and Herzegovina (Bosnia and Herzegovina – `Bosnia and Herzegovina`) declared its independence from the former Yugoslavia on 1 March 1992. The declaration of independence, boycotted by the Bosnian Serbs, led to an armed conflict. In 1995, a peace agreement was reached with the signing of the Dayton Peace Accords in Paris, which include the Constitution of Bosnia and Herzegovina in their annexes. [1] The Constitution of Bosnia and Herzegovina introduced a multi-ethnic system of government with an asymmetrical and complex governance structure. The presidency is composed of three members from each of the constituent nations: a Bosnian and a Croat from the FBiH and a Serb from the Republika Srpska. The Head of State is the President of the Presidium and the Government is headed by the President of the Council of Ministers. The parliament is a bicameral parliament and consists of the House of Peoples (Dom Naroda) and the House of Representatives (Predstavnicki Dom). A comparison of the results of recent years shows that private universities have recently intensified their publishing activities. It is also worth mentioning that many institutions and organizations have turned to electronic publishing and that these publications are often not recorded in library catalogues, making it more difficult to systematically monitor their publishing activities.

The indictment alleges that Dragan Damjanović committed murder, torture, rape of Muslim women and other inhumane acts between July 1992 and January 1993 as part of a widespread and systematic attack by the Republika Srpska Army (RSA) against the Bosnian population of the Vogošća region. In accordance with the law, the Supreme Council of the Judiciary and Prosecutors appoints judges, including the President of the Court of Bosnia and Herzegovina, lay judges and additional judges for the Court of Bosnia and Herzegovina. The HJPC announces vacancies and then decides on the appointment. Judges of the Court of Bosnia and Herzegovina have at least eight years of experience as judges, prosecutors, lawyers or any other relevant legal experience after the bar exam and are appointed for life, taking into account that their term of office may end if they resign or reach the prescribed age limit for retirement; or in the event that they are removed from office for the reasons provided for by law. In addition, Amendment I to the Constitution of Bosnia and Herzegovina also constitutes the legal basis for the formation of the Supreme Court of Bosnia and Herzegovina with regard to the Brčko District of Bosnia and Herzegovina. Legal positions must be harmonised and coherent. The exclusive legal basis for this harmonisation must be the legal norms provided for in the Constitution, the laws or the European Convention.

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