EU reviews judicial funding after Bosnia’s top legal body breaches asset protocol

The EU Delegation in BiH confirmed to Detektor that the HJPC’s recent amendment to the regulations governing the engagement of external experts has created "serious risks" to the effectiveness and credibility of the monitoring program. The changes involve the selection process for experts who oversee the verification of assets held by judges and prosecutors, a mechanism designed to ensure integrity within the judiciary.

Ignored warnings from Brussels

The disagreement intensified after Valentina Superti, Director for the Western Balkans at the European Commission, issued formal warnings to HJPC President Sanin Bogunic on 10 February and 13 April. Despite these interventions, the Council adopted the contentious amendments on 15 April.

"We are currently assessing our course of action, including any impact on EU funding for the monitoring operation," the EU Delegation stated.

The verification of judicial assets was a cornerstone requirement for Bosnia to secure EU candidate status. The EU’s financial backing, which was set to fund the external experts starting in July 2025, is now under review.

Conflict of interest concerns

The core of the dispute lies in the selection process:

• The HJPC’s Position: The Council decided that external experts will be chosen via a public competition, with selection committees consisting of two members appointed by the EU and one by the HJPC.
• The EU’s Position: Brussels maintains that the Council should not be involved in selecting its own monitors to avoid a perceived or actual conflict of interest. The EU suggests the HJPC’s role should be limited to verifying that candidates meet minimum qualifications.

The HJPC argues that by allowing international partners to hold a majority in selection committees, they have demonstrated a commitment to independence. However, the EU Delegation confirmed that this decision was made without consultation and deviates from previously agreed modalities.

Capacity challenges

As the funding row persists, external experts have issued a new report warning that the Asset Verification Department remains under-capacitated. The report highlights significant hurdles, including the refusal of household members to provide data and limited international cooperation. These obstacles threaten the department's ability to process asset reports within statutory deadlines, potentially undermining the integrity reforms required for the country’s European path.