CITIZENS OPINION ONSTATE-LEVEL CONSTITUTIONAL REFORM in Bosnia and Herzegovina

1000 CITIZENS20

QUESTIONS

2013JULY

98.5%OF PEOPLE THINK

Justice sector should be addressed in state-level constitutional reform.

98.6%97.6%98.9%100%

BOSNIAKS

SERBS

CROATS

OTHERS

Problems identified by the Venice Commission

(Opinion on Legal Certainty and the Independence of the Judiciary

in Bosnia and Herzegovina, June 2012)

A well-functioning justice system could better investigate and prosecute high-level corruption.

2007 2010

The EU has repeatedly recommended the establishment of a state-level Supreme Court that could harmonize application of legislation across the four jurisdictions: - State-level, - Federation of Bosnia and Herzegovina, - Republika Srpska, - Brcko District.

(EU Progress Reports 2007 - 2010)

Citizens REJECT the CURRENT FRAGMENTATION OF THE JUSTICE SYSTEM.

They understand the importance of having MORE GUIDANCE AND OVERSIGHT from a STATE-LEVEL INSTITUTION such as a Supreme Court of BIH.

A STATE-LEVEL FIGHT AGAINST CRIME AND CORRUPTION would be more effective in addressing corruption, the country’s biggest problem.

JUSTICE

Areas that are regulated by

one system and not by the other:

- The introduction of inheritance laws in Republika

Srpska that have no equivalence in the Federation

BiH.

Political pressure on

the judiciary.

There are commercial courts in the

Republika Srpska but

not in the Federation BiH.

Access to justice and equality

before the law are not guaranteed.

Problems identified by the

EU Progress Reports for BIH

C r i m e a n d

C o r r u p t i o n

Identical laws interpreted in different ways:

- There is a single law on medication in BiH regulating the reimbursement for the

medication that is recorded on a drug list, but the method of composing this drug list differs substantively between the Entities, and even

among the cantons. The result is different prices for

pharmaceutical drugs.

ENTITY 12.2%

CITIZENSwant crime and corruption to be addressed at the

level of:

CANTON 2.4%

MUNICIPALITY 3.1%

ST

AT

E 7 9 . 6 %

D i f f e r e n t regulations of the same

type of laws:- In the absence of a common definition,

crimes in one Entity can be considered as not being crimes in the other Entity. - Women on maternity leave, working for the same state institution but living in different Entities, are treated

differently.

COURT OF BiH

Supreme Court of FBiH Supreme Court of RSNO BIH SUPREME COURT

10 CANTONAL COURTS

2 ENTITY COURTS + BRCKO DISTRICT COURT

CONSTITUTIONAL COURT OF BiH