Disciplinary procedures and decisions

Disciplinary Procedures and Decisions

In accordance with the Law on the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, the High Judicial and Prosecutorial Council of Bosnia and Herzegovina is authorised to receive complaints against judges and prosecutors, conduct disciplinary proceedings, determine disciplinary liability, impose disciplinary measures on judges, lay judges, reserve judges, and prosecutors, and decide on appeals in disciplinary proceedings.

Complaints on the work or conduct of judges and prosecutors inside or outside the court or prosecutor’s office are submitted to the Office of the Disciplinary Counsel of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, which is authorised to investigate a submitted complaint, and depending on its merits, the Disciplinary Counsel can either dismiss or accept the complaint and initiate disciplinary proceedings by filing a disciplinary complaint with the first-instance Disciplinary Panel of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina.

Subsequent to the disciplinary proceedings, the High Judicial and Prosecutorial Council of Bosnia and Herzegovina may impose one or more of the following disciplinary measures:

• A written warning which shall not be made public;

• Public reprimand;

• Reduction in salary up to a maximum of 50% for a period of up to one (1) year;

• Temporary or permanent reassignment to another court or prosecutor’s office;

• Demotion of a Court President to an ordinary judge or the Chief Prosecutor or Deputy Chief Prosecutor to an ordinary prosecutor;

• Removal from office. As a special measure, instead of or in addition to a disciplinary measure, the High Judicial and Prosecutorial Council of Bosnia and Herzegovina may, if deemed appropriate, require a judge or prosecutor to participate in rehabilitation programs, counselling or professional training.

The duration of special disciplinary measures is determined by the disciplinary panel on a case-by-case basis. All rights and privileges of a judge or prosecutor that arise from employment cease upon removal from office by the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, and a judge or prosecutor who has been removed from office is not allowed to perform judicial functions.

The Secretariat of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina provides professional and administrative support to the disciplinary panels, maintains records of their work and decisions, and publishes information about scheduled hearings and final disciplinary decisions on the website of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina.

For additional information on disciplinary proceedings and decisions, please refer to the accompanying documents/links:

2 VIEWS