REFORMA PRAVOSUDNOG SISTEMA U BOSNI I HERCEGOVINI I PROBLEMI U FUNKCIONISANJU / REFORM OF THE JUDICIAL SYSTEM IN BOSNIA AND HERZEGOVINA AND PROBLEMS IN FUNCTIONING
Journal Title: Društvena i tehnička istraživanja - Year 2019, Vol 5, Issue 1
Abstract
The judicial system in Bosnia and Herzegovina after its international recognition was based on the regulations of the former joint state of Yugoslavia. Most of the regulations were adopted by the decree and embedded in the legislation of the new state, and after the war, in the times that followed, by many needed a judicial reform that would imply a different organization of the judiciary and regulations that would apply, which would be more effective in the fight against crime, and at the same time fair justice and human rights guarantees. This job got its form and content in 2003, when the reform regulations were introduced, material and procedural and, in addition, a special court was installed in this case, the Court of Bosnia and Herzegovina, whose jurisdiction would reach the whole territory of Bosnia and Herzegovina, and not only within the boundaries of the entities. For the needs of this court, the Prosecutor's Office of Bosnia and Herzegovina and the special police - SIPA have been organized. It should be said that this idea did not appeal to a smaller entity, and the same came to resistance and disapproval of both the founding and the jurisdiction of this court, which the Constitutional Court of Bosnia and Herzegovina has declared itself. Today, after 15 years of judicial reform, by many people in the country and outside the judiciary in Bosnia and Herzegovina does not work well. With the mediation of the embassies of countries that support Bosnia and Herzegovina, the so-called " a structural dialogue on the judiciary“ was formed, aimed at overcoming problems and differences and improving the work of judicial authorities; however, after much effort, the idea of a structural dialogue seems to have failed. Otherwise, the problems related to the Court of B&H and the Prosecutor's Office of B&H have blurred and masked all other problems in the judiciary at the regular judiciary.
Authors and Affiliations
Almir Dautbegović, Nedžad Korajlić, Agim Nuhiu, Ajten Ramadani
Keywords
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