Strengthening Rule of Law in Bosnia and Herzegovina

Bosnia and Herzegovina (BiH) has been on a challenging journey toward establishing a robust and independent judicial system that upholds the rule of law—a fundamental requirement for its progress towards European Union (EU) membership. The rule of law is not only a cornerstone of democratic governance but also a prerequisite for economic development and social stability. In recent years, with the support of the EU, BiH has undertaken various reforms to strengthen its legal and institutional frameworks. This blog explores the strides BiH has made in this direction, drawing lessons from EU-supported reforms in the region, while also acknowledging the significant challenges that remain.

The Importance of the Rule of Law in EU Accession

The EU places a high emphasis on the rule of law as part of its enlargement policy. For countries aspiring to join the Union, like BiH, meeting the EU's standards on judicial independence, anti-corruption, and human rights protection is crucial. The EU's approach is rooted in the belief that a solid rule of law framework underpins all other aspects of governance, ensuring that laws are applied fairly, consistently, and transparently.

In BiH, where the scars of conflict and political divisions still influence daily governance, establishing a credible rule of law system is vital not only for its EU aspirations but also for fostering trust among its citizens and ensuring long-term peace and stability.

EU-Supported Reforms in Bosnia and Herzegovina

The EU has been a key partner in BiH's reform efforts, providing financial assistance, technical expertise, and political support. Several key initiatives have been undertaken to align Bosnia's legal and judicial frameworks with EU standards:

1. Strengthening Judicial Independence: One of the EU’s primary focuses has been to bolster the independence of the judiciary in Bosnia. The High Judicial and Prosecutorial Council (HJPC), established with EU support, plays a central role in ensuring the appointment, promotion, and disciplinary actions of judges and prosecutors. While the HJPC has been instrumental in insulating the judiciary from direct political interference, challenges remain in ensuring its complete independence and effectiveness.
2. Anti-Corruption Measures: Corruption has long plagued Bosnia’s political and economic systems, undermining public trust in institutions. The EU has supported the establishment of anti-corruption bodies and the adoption of legislative frameworks aimed at preventing and prosecuting corruption. Notably, the EU has facilitated the implementation of the Law on Prevention of Conflict of Interest, which seeks to limit the ability of public officials to engage in corrupt practices. However, the enforcement of anti-corruption laws remains inconsistent, and high-profile corruption cases often go unpunished.
3. Judicial Efficiency and Access to Justice: The EU has also worked to improve the efficiency of Bosnia’s courts and the overall accessibility of justice. Through the Instrument for Pre-Accession Assistance (IPA) programs, the EU has funded initiatives aimed at reducing case backlogs, improving court infrastructure, and enhancing the professional development of judges and court staff. These efforts have led to some improvements, particularly in reducing the time it takes for cases to be heard and resolved. However, disparities in access to justice, particularly in rural areas, persist.
4. Human Rights Protection: The EU has pushed for stronger protections for human rights within BiH’s legal framework, with a particular focus on minority rights, freedom of expression, and the protection of vulnerable groups. The adoption of anti-discrimination laws, supported by the EU, represents a significant step forward. Yet, the implementation of these laws, particularly in a politically fragmented environment, remains uneven.

Lessons from the Region

Bosnia’s efforts to strengthen the rule of law can benefit from examining the experiences of other Western Balkan countries that have successfully implemented EU-supported reforms:

1. Serbia and Judicial Reform: Serbia’s experience with judicial reforms offers valuable lessons for BiH. Like BiH, Serbia faced challenges with political interference in the judiciary. However, through sustained EU pressure and domestic advocacy, Serbia made significant progress in depoliticizing its judiciary, particularly through reforms that increased transparency in judicial appointments and evaluations. BiH could similarly benefit from enhancing transparency in its judicial processes to build public confidence.
2. Croatia and Anti-Corruption Efforts: Croatia’s path to EU membership was marked by significant strides in anti-corruption efforts. Croatia established a robust anti-corruption framework that led to the prosecution of high-profile cases, including those involving political elites. BiH could learn from Croatia’s approach by empowering its anti-corruption institutions and ensuring that they operate free from political influence. Stronger enforcement mechanisms and greater public accountability could enhance Bosnia’s anti-corruption efforts.
3. North Macedonia and Public Administration Reform: North Macedonia’s reform of its public administration, including measures to reduce corruption and improve the efficiency of public services, has been a key factor in its progress towards EU membership. BiH should speed up its public administration reforms, ongoing since 2006,  to strengthen its public institutions, ensuring that they are more transparent, accountable, and responsive to citizens’ needs.

Challenges in Implementation

While the EU-supported reforms have laid the groundwork for a stronger rule of law in BiH, several challenges continue to impede progress:

1. Political Fragmentation: The complex political landscape in BiH, characterized by deep ethnic divisions and a decentralized governance structure, often hinders the uniform implementation of reforms. The competing interests of the country’s entities—Republika Srpska and the Federation of Bosnia and Herzegovina—frequently lead to a lack of consensus on key judicial and legal reforms.
2. Weak Institutional Capacity: Many of BiH’s institutions still lack the capacity to fully implement and enforce new laws and regulations. Building the capacity of these institutions, particularly at the local level, is essential for the successful implementation of reforms.
3. Public Trust and Engagement: Public trust in the judiciary and other institutions remains low, partly due to perceptions of widespread corruption and inefficiency. Engaging civil society and the broader public in the reform process is crucial for building confidence in the rule of law.

Charting the Course for Sustainable Progress

Strengthening the rule of law in BiH is not just a matter of meeting EU accession requirements; it is a fundamental aspect of building a stable, just, and prosperous society. The progress made so far, with EU support, is commendable, but much work remains. The country’s leaders, institutions, and citizens must remain committed to this path, learning from both their successes and setbacks, and drawing inspiration from the experiences of their neighbors.

Continued support from the EU, coupled with a genuine commitment to reform from BiH’s political and judicial leaders, will be essential in ensuring that the rule of law becomes deeply rooted in the fabric of bh. society. Only then can BiH move closer to realizing its European aspirations and providing its citizens with the justice and security they deserve.