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Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High Judicial and Prosecutorial Council, on behalf of the Delegation of Bosnia Herzegovina

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Page 1: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 2: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 3: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

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Page 4: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 5: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 6: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 7: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 8: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 9: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 10: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 11: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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

Page 12: Contract Enforcement and Judicial Systems in Central and Eastern Europe June 2005 Presentation by: Elmira Pasagic Director of the Secretariat of the High

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