Discussion Paper

Shortcomings in the processing of corruption in Bosnia and Herzegovina: Procedural and organizational perspective

Hajrija Sijerčić-Čolić
2018

Although the BiH Council of Ministers adopted the Anti-Corruption Strategy 2015-2019 and the Action Plan for the Implementation of the Strategy for the Fight against Corruption 2015-2019, whereby they also warn of the well-known disastrous consequences of corruption criminal offences, there are still a number of weaknesses and problems in the processing of these offences in BiH.

Discussion Paper

Hate Crimes and Juveniles: Key Problems in Regulation and Processing

Jasna Pećanac
2014

Due to the fragmentation of criminal legislation into four legislative levels (BiH, FBiH, Republika Srpska, and the Brčko District of BiH), and since the new codes came into force on different dates and provide diverse solutions in terms of the stipulated requirements for the application of individual institutes, juveniles in conflict with the law do not find themselves in the same position throughout the territory of our country. 
 
Discussion Paper

The Criminal Offence of Abuse of Official Authority: Key Problems from the Perspective of its Processing in Bosnia and Herzegovina

Sabina Sarajlija
2018

In the group of criminal offenses against official duty in BiH, the largest number of charges relates to the criminal offense of Abuse of Office or Official Authority. Despite this fact, however, quite loud criticisms point out that this particular norm is extensively applied, imprecisely defined, resorted to only when there is no other option, that the factual description in the indictments and verdicts is insufficiently clear and too lengthy, that caution and restraint is needed in the application of this provision and even that the inclusion of this criminal offence in criminal codes is obsolete.

Discussion Paper

Key Problems in Prosecuting Corruption in Bosnia and Herzegovina: A Substantive Law Perspective

Adela Bejtović Janušić
2018

The reasons for the weak results of the judiciary in BiH in the prosecution of corruption are manifold. They range from the very nature of the phenomenon of corruption, which often takes place in secrecy, due to the interest of the participants themselves, which makes it particularly difficult to detect, to the inadequate institutional and legislative framework. The recommendations of international bodies, as well as the observed problems in practice, offer important guidelines for amending the legal framework in a way that would enable progress in this area.

Discussion Paper

Two schools under one roof in Bosnia and Herzegovina: (Mis)understanding the problem, and possible solutions

Alina Trkulja
2017

The education system in Bosnia and Herzegovina and the individual practices that are applied are far from being effective in encouraging understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, as required by the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina and other international legal documents the state has ratified. Existing educational policies result in ubiquitous discrimination and inequality and even segregation in education. The most illustrative example of this practice are the divided / parallel schools, better known as "two schools under one roof".

Discussion Paper

Quality of indictments and verdicts in Bosnia and Herzegovina, as a feature of efficient processing of corruption-related cases

Ljiljana Filipović
2017

Demand for efficiency of the judiciary often comes down to claiming a higher number of verdicts as quickly as possible. However, such a simplified approach disregards quality of effected criminal law protection, as well as the importance and complexity of completed cases. Thus, quality of indictments and verdicts is an inevitable feature of the efficiency of judicial and prosecutorial institutions, which needs to be given particular weight in the coming period. 

Discussion Paper

The potential of mediation in cases of discrimination in Bosnia and Herzegovina

Kosana Beker
2016

Mediation in cases of discrimination is still a relatively new way of dealing with the situation of disputes and violations, both in EU countries and in the region. This process is not promoted enough in BiH, parties are not familiar with it, and the courts and other actors parties rarely offer the opportunity to resolve disputes through mediation.

Discussion Paper

How to develop adequate strategy for preventing and combating discrimination?: possible lessons for Bosnia and Herzegovina

Vesna Pirija
2017

Most countries in the region began drafting and adopting strategies for the prevention and fight against discrimination, including Bosnia and Herzegovina. Under the Work plan for 2016, the Ministry of Human Rights and Refugees envisaged the development of a strategy for preventing and combating discrimination in BiH.

Discussion Paper

Commentary on the Draft of Human Rights Ombudsman Law

2016

Current activities on passing new Human Rights Ombudsman Law in BiH are needed in order to strengthen status and independency of the institution. Text of the law draft, which was made by Ministry of Human Rights and Refugees in BiH, consists important advancements, but also opens many questions and leaves enough reasons to worry.
Discussion Paper

Public Institutions and Proactive Disclosure of Information in Bosnia and Herzegovina: How to Turn Exceptions into Rules

Dino Jahić
2015

Access to information legislation in BiH has not defined the obligation of public institutions to publish relevant public information on their own initiative, without specific requests by citizens, which lags behind international standards. However, the research has shown that, despite the lack of adequate legislation and organised systematic approach to this matter, some of the institutions on the state level have made significant results in proactive disclosure of information.