BiH upper house backs two key EU reform bills after two-year delay

The House of Peoples adopted, under a fast-track procedure, bills on the High Judicial and Prosecutorial Council (HJPC) and the Court of Bosnia and Herzegovina, both prerequisites for opening accession negotiations, which the European Council conditionally approved in March 2024. The legislation had been delayed by political disputes.

The bills must now go through the amendment stage and be approved by the House of Representatives before they can enter into force. It remains uncertain whether that process will be completed before the elections.

Justice Minister Davor Bunoza said the HJPC bill would strengthen accountability and transparency in the judiciary by introducing stricter oversight mechanisms while eliminating political influence over appointments of judges and prosecutors.

The bill would expand the HJPC from 15 to 20 members, requiring representation of all three constituent peoples and appropriate territorial balance.

Amendments to the Court of Bosnia and Herzegovina Act provide for the creation of an independent appellate division with its own budget and organisational structure.

However, the bill does not specify the division's seat, the issue that prompted the ruling majority in the Serb entity of Republika Srpska to block the legislation for more than 18 months while insisting it be located in Banja Luka.

That proposal was opposed on practical grounds because the Court of Bosnia and Herzegovina is based in Sarajevo, while EU officials suggested it would be logical for the appellate division to be based in East Sarajevo.

The adopted text instead leaves the issue unresolved, providing that a new law on the Court of Bosnia and Herzegovina, aligned with EU standards, will be adopted within a year.The HJPC bill also provides for its implementation to begin one year after adoption, prompting opposition criticism. SDA delegate Sefik Dzaferovic described the legislation as an attempt to "deceive EU institutions". HDZ BiH leader and House of Peoples Speaker Dragan Covic said his party would do everything possible to secure the bills' final adoption and unblock BiH's path towards the EU.