FENA News

Blagovčanin: If we want effective anti-corruption efforts, the judiciary must start from its own ranks

SARAJEVO, December 9 (FENA) – Marking International Anti-Corruption Day, Transparency International in Bosnia and Herzegovina (TI BiH), in cooperation with the “EU4Justice Phase II” project and with the support of the European Union, organized the conference “Judicial Reform as a Catalyst for the Fight Against Corruption” today.

The conference brought together representatives from institutions at all levels of government, international and regional organizations and initiatives active in BiH, as well as civil society organizations and the media. The focus was on fostering discussions about the current state of judicial sector reform, the critical steps needed to improve the current situation, and the impact of stalled reforms as an adequate response to widespread corruption in the country.

The Chair of the Board of Directors of Transparency International BiH, Srđan Blagovčanin, emphasized the critical importance of the judiciary in the fight against corruption. He aligned TI BiH’s stance with the European Commission’s assessment that the corruption situation in BiH is deteriorating.

“We have yet to see the effects of judicial reform processes. They remain absent. The way laws are enacted must be far more inclusive and open to the expert public and civil society, not to mention the institutions themselves. Laws cannot be adopted behind closed doors, expecting proper implementation.

The judiciary faces numerous issues. For us, the key indicator of its condition is its ability to combat corruption. In BiH, where political corruption is entirely unpunished, this clearly indicates that the judiciary remains under political control and influenced by organized crime,” said Blagovčanin.

He stated that BiH’s path forward is clear: the country needs new laws, such as the Law on the High Judicial and Prosecutorial Council (HJPC) and the Law on Courts. However, even more critical than the laws themselves is their implementation.

“Unfortunately, we are not even implementing the existing laws. This is the crux of the matter. If we want to see effective anti-corruption efforts, the judiciary must start by cleaning up its own ranks. Only by doing so can public trust in the judiciary, which is catastrophically low and worsening, be restored. Currently, only 5% of BiH citizens have full confidence in the judiciary,” he added.

The second part of the conference focused on the importance of inter-institutional cooperation, asset recovery, and financial investigations as prerequisites for a more effective fight against corruption. Panelists included representatives from the executive, legislative, and judicial branches, law enforcement agencies, civil society organizations, and the media.

The Minister of Justice of Bosnia and Herzegovina, Davor Bunoza, stressed the need for faster progress on the European path and judicial reform, noting the unacceptably slow pace of legislative processes in BiH.

“We have prepared the Law on Courts and a comprehensive Law on the HJPC. Ten days ago, we submitted the draft to the Venice Commission for the second time. We are striving to make progress. According to the BiH progress report from March 2024, the judiciary shows the best results.

However, I am aware this is likely temporary, and we must work much faster. Much depends on the political situation in BiH,” Bunoza said.

He mentioned that two priority laws—the Law on Border Control and the Law on Personal Data Protection—are expected to be adopted at today’s Council of Ministers session. He also noted that the Law on Courts is ready and has been for seven to eight months.

Bunoza believes that if BiH authorities are committed to enforcing the law, they can do so, though many have an interest in maintaining the status quo.

“We must be proactive and address issues that have remained stagnant for decades in this country,” Bunoza concluded.

Adebayo Babajide, Deputy Head of the EU Delegation to Bosnia and Herzegovina, recalled the European Parliament’s endorsement of the new European Commission, led by President Ursula von der Leyen, who, during her visit to BiH, expressed the EU’s commitment to integrating the Western Balkans into the European Union.

Babajide noted that corruption has a devastating impact on society, undermining democracy, eroding public trust, and stalling economic growth.

“No progress toward European Union membership can be achieved without advancements in the rule of law. The fight against high-level corruption is crucial for Bosnia and Herzegovina. Accelerated progress is needed to rebuild public trust and establish a solid framework for the rule of law.

The EU demands concrete actions to strengthen BiH’s anti-corruption capacities and calls for specific measures to enhance the anti-corruption system. This includes bolstering judicial integrity, improving mechanisms for confiscating and repurposing seized assets for socially beneficial purposes, and advancing the outcomes and effectiveness of anti-corruption efforts,” stated Babajide.