contract enforcement and judicial systems in central and eastern europe june 2005 presentation by:...
TRANSCRIPT
Contract Enforcement and Judicial Systems in Central and Eastern
Europe
June 2005
Presentation by: Elmira Pasagic Director of the Secretariat of theHigh Judicial and Prosecutorial Council,on behalf of the Delegation of Bosnia Herzegovina
A.A. Restructuring of the Courts and Prosecutors' OfficesRestructuring of the Courts and Prosecutors' Offices
B.B. Reappointment ProcessReappointment Process
C.C. Establishment of the Establishment of the ssingle High Judicial and ingle High Judicial and Prosecutorial Council (HJPC)Prosecutorial Council (HJPC)
D.D. Reforms of procedural laws, e.g. Criminal and Civil Reforms of procedural laws, e.g. Criminal and Civil Procedure Codes/Law on EnforcementProcedure Codes/Law on Enforcement
E.E. Establishment of the Entity Judicial Training CentresEstablishment of the Entity Judicial Training Centres
F.F. Establishment of the State CourtEstablishment of the State Court
Achievements in Judicial ReformAchievements in Judicial Reform
A.A. Restructuring of the CourtsRestructuring of the CourtsSubsequent to RestructuringSubsequent to Restructuring
TThe average number of inhabitants served by a first instance court of general jurisdictionhe average number of inhabitants served by a first instance court of general jurisdiction in a in a range of range of countriescountries
0
200000
400000
600000
800000
1000000
Net
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Bel
gium
Mal
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Arm
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Rom
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Ger
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ia
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Geo
rgia
Rus
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-Ser
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Bul
garia
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Cro
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Tur
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Spa
in
Entity: REPUBLIKA SRPSKA
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
80.00%
90.00%
100.00%
Bosniaks Serbs Croats Others
Population accordingto 1991 Census
Before reappointment
After reappointment
B. Reappointment processEthnic Balance before and after reappointment as of March 2004
0.00%
10.00%
20.00%
30.00%
40.00%
50.00%
60.00%
70.00%
Pre - appointment Post - appointment
Female
Male
Judges
B.Reappointment processGender Balance before and after reappointment as of March 2004
A.A. Restructuring of the Courts and Prosecutors' OfficesRestructuring of the Courts and Prosecutors' Offices
B.B. Reappointment ProcessReappointment Process
C.C. Establishment of the Establishment of the ssingle High Judicial and ingle High Judicial and Prosecutorial Council (HJPC)Prosecutorial Council (HJPC)
D.D. Reforms of procedural laws, e.g. Criminal and Civil Reforms of procedural laws, e.g. Criminal and Civil Procedure Codes/Law on EnforcementProcedure Codes/Law on Enforcement
E.E. Establishment of the Entity Judicial Training CentresEstablishment of the Entity Judicial Training Centres
F.F. Establishment of the State CourtEstablishment of the State Court
Achievements in Judicial ReformAchievements in Judicial Reform
Challenges for the future (1)Challenges for the future (1)
CHALLENGECHALLENGE: : Lack of a centralised funding authorityLack of a centralised funding authority
PRIORITY:PRIORITY: To implement the recommendation of the Functional To implement the recommendation of the Functional
Review, to transfer funding to State levelReview, to transfer funding to State level
Challenges for the future (1)Challenges for the future (1)Level of Government and the corresponding budget Budget Units
1. State of BiH 3
2. Republika Srpska (complete Entity) 76
3. Brcko District 3
4. Federation BiH (Entity level only) 3
5. Una-Sana Canton 16
6. Posavina Canton 5
7. Tuzla Canton 21
8. Zenica-Doboj Canton 21
9. Bosansko Podrinje Canton 4
10. Central Bosnia Canton 16
11. Herzegovina-Neretva Canton 15
12. West Herzegovina Canton 8
13. Sarajevo Canton 13
14. Canton 10 (Livno) 7
TOTAL 211
Challenges for the future (2)Challenges for the future (2)
CHALLENGECHALLENGE: : Inadequate funding for operational expenses and Inadequate funding for operational expenses and
accumulated debtsaccumulated debts
PRIORITY:PRIORITY: Continue lobbying effortContinue lobbying effort
Challenges for the future (3)Challenges for the future (3)
CHALLENGECHALLENGE: : Backlog in the courtsBacklog in the courts
PRIORITY:PRIORITY: Thorough review to be carried out, closer Thorough review to be carried out, closer
communication between court presidents, communication between court presidents, development of a new system for the development of a new system for the measurement of judicial efficiencymeasurement of judicial efficiency
Challenges for the future (4)Challenges for the future (4)
CHALLENGECHALLENGE: : Inadequate judicial premisesInadequate judicial premises
PRIORITY:PRIORITY: Survey on material conditions of Survey on material conditions of
judicial premises to be carried out; judicial premises to be carried out; based on this, lobbying efforts will based on this, lobbying efforts will be be continucontinueded
Municipal Court Travnik
Municipal Court Srebrenica - Heating system
Challenges for the future (Challenges for the future (55))
CHALLENGECHALLENGE: : ComputeriComputerization of the courts and prosecutors’ zation of the courts and prosecutors’
officesoffices
PRIORITY:PRIORITY: Continue to support the implementation of the Continue to support the implementation of the
Information and Communications Technology Information and Communications Technology (ICT) Project (ICT) Project