Analiza Nacrta Zakona o Sudovima BiH:
Gespeichert in:
Bibliographische Detailangaben
Format: Elektronisch E-Book
Sprache:Bosnian
Veröffentlicht: Sanski Most [Bosnia and Herzegovina] Fondacija Centar za javno pravo 2014
Schlagworte:
Online-Zugang:BSB01
Beschreibung:Draft Law on Courts of BH, created within the framework of the Structured Dialogue with the European Union on judiciary in BH, is a piece of legislation significantly changing the current structure of the state judiciary in BH. On the one hand it creates a new State level Court - The Higher Court of Bosnia and Herzegovina, which may seem as the first step to the creation of a future Supreme Court of BH, so needed in the fragmented judicial system in BH. However, upon a closer look at its provisions, the Draft Law deviates to a large extent from the initial idea of simply detaching the Appellate Division of the Court of BH into a separate court, for reasons of its perceived lack of independence. The Draft Law encroaches considerably upon the competencies, composition, organization and way of functioning of the existing Court of BH, which was far from the guiding principles expressed at the beginning of the Structured Dialogue in BH, within which the Draft Law was created. All of this brings into question the purpose of this piece of legislation and the effects it might have on disempowering the State Judiciary in BH and undermining overall efficiency and independence of State judicial institutions
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