It is the self-regulatory body of the judiciary in the country, tasked with guaranteeing its independence, with countrywide competences over the administration and career management of judicial office holders.

The High Judicial and Prosecutorial Council of Bosnia and Herzegovina (HJPC) is the single managing body responsible for guaranteeing the independence of judges and the autonomy of prosecutors throughout the country and regulating their careers.

The HJPC was established in 2004, replacing entity-level judicial and prosecutorial councils, on the basis of a transfer agreement from the entities, confirmed by the Constitutional Court.

It was established by law in 2004, replacing entity-level judicial and prosecutorial councils, on the basis of an agreement on the transfer of certain competences from the entities to the State in the area of the judiciary.

In order to align the Law on the HJPC with European standards, in its related opinions10 issued in 2012 and 2014 the Venice Commission recommended in particular to: (i) improve the rules on selecting the HJPC members; (ii) establish two sub-councils, for judges and prosecutors respectively; (iii) avoid setting quotas along ethnic lines as they may undermine the effective functioning of the system; and (iv) avoid an increased risk of politicisation of appointment procedures.

[8] In the context of the Structured Dialogue on Justice, the European Commission recommended stepping up the level of independence and accountability of the judiciary by addressing shortcomings in particular in relation to appointments, integrity and disciplinary matters.

A 2018-20 HJPC action plan is in place, covering most notably measures to strengthen the fight against organised crime and corruption, by strengthening the autonomy of the main actors in the criminal procedure chain, improving the quality of financial investigations, increasing the impact of assets seizure and improving the courts’ sentencing policy, including on sentences pursuant to plea bargain agreements.

However, the implementation of some reforms decided by the HJPC, notably on integrity and efficiency, has met resistance from within the judiciary in particular with regard to declaration of assets and performance appraisal.

In spite of commitments taken in the context of the Structured Dialogue on Justice since 2012, the Republika Srpska entity has not yet amended its legislation to render it compatible with the Law on HJPC.

The Republika Srpska entity Law on the public prosecution service is equally incompatible with the state-level legislation as regards the conditions for the appointments of prosecutors.