The harmonisation of judicial practice is crucial for improving the judiciary’s response to organised crime and corruption. While some judicial institutions have made significant progress in prosecuting such cases, others still need to improve their practices to ensure legal certainty, equal treatment, and to prevent impunity. This message was highlighted at the opening of the Eighth Judicial Forum for Bosnia and Herzegovina (BiH), held in Sarajevo.
As one of the most significant judicial gatherings in BiH, this event brought together over 70 participants, including presidents, judges, prosecutors, and lawyers from the highest judicial institutions in BiH and other European countries, as well as representatives from ministries, international organisations, and civil society. This year’s Forum focuses on the theme: “The Role of the Highest Courts and the Constitutional Court of BiH in Harmonizing Judicial Practice in the Prosecution of Organized Crime and Corruption Cases.” The Judicial Forum for BiH is organised by the Constitutional Court of BiH and the AIRE Centre – Western Balkans Programme, in cooperation with the High Judicial and Prosecutorial Council (HJPC) of BiH, and with the support of the UK Government.
“Each year, the Judicial Forum for BiH aims to address three key needs of the judiciary in BiH. First, it serves as a central event where the highest domestic judicial institutions, their presidents, judges, and prosecutors, can discuss current challenges. Second, it allows us to anticipate future challenges and work together to develop an expert and unified judicial response”, said Biljana Braithwaite, Director of the Western Balkans Programme of the AIRE Centre.
Braithwaite emphasised that the Forum’s conclusions often go beyond the event itself and influence concrete strategies and initiatives. “Ultimately, our goal is to strengthen cooperation between judicial institutions, both within the country and with international partners. This aligns with our mission to harmonise judicial practice with European standards and strengthen the rule of law as BiH moves toward EU membership.”
Seada Palavrić, President of the Constitutional Court of BiH, in her opening remarks, stressed that the Judicial Forum for BiH is a genuine platform for the direct exchange of opinions among all participants involved in harmonising judicial practice in prosecuting organised crime and corruption cases. Reflecting on this year’s theme, she highlighted the judiciary’s duty to ensure the rule of law and equality before the law.
“The goal is that a person prosecuted for organised crime and corruption is not treated differently depending on where they are tried within BiH. Their right to a fair trial must be equally respected, especially their right to personal liberty and security. Furthermore, all individuals, including those accused of these crimes, must be guaranteed the highest level of internationally recognized human rights and freedoms, as stipulated by the BiH Constitution”, said the President of the Constitutional Court.
Halil Lagumdžija, President of the High Judicial and Prosecutorial Council of BiH, pointed out that this year’s Forum places special focus on the role of the highest courts and the Constitutional Court of BiH in light of Articles 5, 6, and 8 of the European Convention on Human Rights.
“I want to emphasise the importance of aligning the decisions of all courts with those of the Constitutional Court of BiH, particularly in the context of prosecuting organised crime and corruption cases, and how this harmonisation benefits BiH society as a whole. In this regard, the HJPC BiH, in cooperation with the AIRE Centre, publishes the ‘Legal Bulletin,’ which for the past ten years has provided the professional community with information on selected, recent domestic and international judicial practices, thus contributing to the harmonisation of domestic judicial practice”, concluded the President of the HJPC.
New technologies present challenges and opportunities for the judiciary
The event will feature presentations from renowned judicial experts from across Europe. This year, the Forum will host Michael Hopmeier, a judge of the Southwark Crown Court in London, who will speak on the international aspect of combating organised crime, money laundering, and corruption, as well as the challenges and cooperation needed for the successful confiscation of illegally obtained assets. Additionally, Mirjana Lazarova Trajkovska, a former judge of the European Court of Human Rights and President of the Criminal Division of the Supreme Court of North Macedonia, will address the challenges posed by new technologies in the context of organised crime.
Julian Reilly, British Ambassador to BiH, emphasised that the greatest value of the Forum lies in its contribution to the harmonisation of judicial practice, particularly in organised crime and corruption cases. He explained how the alignment of judicial practices ensures consistency in legal rulings across different courts, improves the judiciary, and contributes to building public trust in the judicial process.
“In keeping with current trends, the Forum continues its discussion on digital technologies — the challenges and benefits they bring. Cybercrime is being addressed for the first time at the Forum, as part of a broader discussion on the misuse of technology in committing organised crime offences. On the other hand, these technologies have the potential to transform how the judiciary gathers evidence and analyses data, and we can expect the first rulings based on such evidence soon”, said the Ambassador.
Ambassador Reilly concluded that the Judicial Forum for BiH is a unique platform that enables the exchange of knowledge and the promotion of best practices among legal professionals, judges, and prosecutors, thereby strengthening the rule of law in BiH.
The goal of the Judicial Forum for BiH is to contribute to the implementation of the European Convention on Human Rights and support the BiH judicial system in its preparations for European integration. The Forum enhances cooperation among the highest courts in BiH and harmonises domestic judicial practice with European standards, contributing to legal certainty for the citizens of BiH. More information is available on the official AIRE Centre website.