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The Ministry of Foreign Affairs of Bosnia and Herzegovina announced that it will open a call for candidates for the post of judge of the European Court of Human Rights for Bosnia and Herzegovina by the end of July, as well as for several posts of the European Court of Justice, the Council of Europe and the Organization for Security and Cooperation in Europe.
The most important of these duties is that of a judge of the European Court of Justice, given the constitutional-judicial-political experiment that Bosnia and Herzegovina is conducting under the guidance of foreigners and a part of Bosnian politics, writes Bosnian lobbyist Faris Vehabović, who serves as a judge at the European Court of Justice for two and a half years longer than the stipulated term and is a member of the Venice Commission, an expert body of the Council of Europe, whose opinions are often abused to change the constitutional and political framework of Bosnia and Herzegovina. List Bosnia and Herzegovina.
Multiple Damage
Vyhabović took full advantage of this and participated in the adoption of as many as five judgments, starting with the one in the Zornic case and ending with the last one in the Slavin Kovacević case. It was due to the manipulation and premature publication of that judgment that disciplinary proceedings were initiated and he was excluded from decision-making in all cases where there could be a conflict of interest.
Since the Bosnian verdict was leaked before the official announcement and expressed in a unified and hegemonic way, the case became public and the review of the proceedings at the European Court of Human Rights (ECtHR) is currently underway. The Bosnia and Herzegovina representative filed a request to the ECtHR in this regard and the proceedings will be heard by the Grand Chamber of the Court, over which Vihabović has no influence. The position of the Chairman of the Small Committee, who opposed the acceptance of the appeal, greatly facilitated the review of the verdict in the case of Slavon Kovacevic, the advisor of Željko Komšić, who, like others, spoke in court and previously declared himself a Croat and, if necessary, even a Serb.
The earlier judgments in the “Sejdic and Finns” case, where they were the first advocates, especially Azra Zornic, to forcibly order Bosnia and Herzegovina to change its constitution, the Dayton Peace Agreement, and then ban it, raised higher expectations with each judgment, demanding a system that would suit the majority of Bosniaks and Serbs in the former Yugoslavia, and what led to the war and the bloody breakup of Yugoslavia.
To a large extent, the ECJ’s decision also paves the way for Bosnia and Herzegovina, where a new judge is finally selected, and it is expected that a Croatian will eventually be appointed. However, in order to reach this goal and the final decision of the Parliamentary Assembly of the Council of Europe to select a judge from three candidates provided by Bosnia and Herzegovina, the candidate must meet certain formal conditions, such as having a higher professional education – completed law school, obtained a lawyer’s degree or a bachelor’s degree in law, and obtained at least 240 ECTS points during studies.
The candidate must be of high moral reputation, must possess the qualifications necessary for the performance of high judicial duties, or be a person of recognized expertise in the field of national law or international law, and, among other conditions, he must possess excellent knowledge of one of the languages in which the European Court of Human Rights operates, as well as another, passive knowledge of another official language.
Three candidates
In addition, he should not be over 65 years old by August 12, 2024 and there should be no legal obstacles to his appointment. After evaluating the documents, the Presidency of Bosnia and Herzegovina finalized a list of the three most successful names. In addition, the Presidency also elected a representative of the European Commission against Racism and Intolerance, a representative of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment and a member of the Venice Commission.
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