Examples of Disciplinary Offences

A complete list of disciplinary offences is specified in the Law, which can be viewed on the Council’s website. In essence, judges and prosecutors are expected to independently and impartially uphold the Constitutions and laws of BiH, FBiH, RS, and Brcko District, and to act at all times in a manner that is consistent with their ethical and professional standards. Examples of misconduct that constitutes a disciplinary offence include:

• not acting impartially and without prejudice;
• breach of obligation to behave properly in relation to the parties in a proceeding, their legal representatives, witnesses, civil servants or colleagues;
• exploiting the position of judge or prosecutor in order to obtain unjustified advantages for himself/herself or for other persons;
• accepting gifts or remuneration for the purpose of improper influencing the decisions or the actions taken by the judge or prosecutor;
• failure to ask for his/her exemption from hearing a case when a conflict of interest exists
• engaging in the activities that are incompatible with the judicial or prosecutorial function;
• failing to comply with decisions, orders or requests of the Council.

Additionally, before assuming their duties, judges and prosecutors take a declaration of office, under which they in essence promise to perform their official duties in accordance with the Constitution and laws, to make decisions to their best knowledge, responsibly and independently, as well as to protect the freedoms and rights of individuals guaranteed under the Constitution of BiH. If a judge or prosecutor engages in conduct that either constitutes a disciplinary offence or is otherwise unlawful, the judge or prosecutor, in effect, has also violated his/her declaration of office.