Pravni vjesnik, Vol. 42 No. 2, 2026.
Preliminary communication
https://doi.org/10.25234/pv/41034
JUDICIAL SELF-GOVERNANCE REFORM IN BOSNIA AND HERZEGOVINA : CURRENT CHALLENGES AND PROSPECTS – THROUGH THE LENS OF POLISH EXPERIENCE
Igor Milinković
; Faculty of Law, University of Banja Luka, Bulevar vojvode Stepe Stepanovića 77, 78000 Banja Luka, Bosnia and Herzegovina
*
Katarzyna Miaskowska-Daszkiewicz
; Faculty of Law, Canon Law and Administration, The John Paul II Catholic University of Lublin, Al. Racławickie 14, 20-950 Lublin, Poland
* Corresponding author.
Abstract
The independence of the judiciary is one of the key preconditions of the rule of law. To function as a fundamental component of the system of horizontal accountability and, consequently, a critical factor in strengthening the rule of law, the judiciary must remain independent from other branches of government and any external influence. However, strengthening the culture of judicial independence must be accompanied by constant efforts to develop mechanisms and culture of judicial accountability and integrity, particularly in post-authoritarian societies.
Judicial self-governance, broadly defined as the existence and functioning of institutions that include at least one judge and exercise authority over court administration and/or judicial career management, has been widely promoted as a panacea for challenges confronting court administration. In recent decades, judicial councils have emerged as the most prominent institutional expression of judicial self-governance, although some scholars extend this concept to encompass other governance actors. While councils, composed predominantly of members of the judiciary, are intended to insulate appointments, promotions, and disciplinary proceedings from partisan political influence, contemporary scholarship increasingly cautions that their establishment may generate new channels of politicisation and raise complex concerns regarding accountability.
The paper examines the legal framework of judicial self-governance in Bosnia and Herzegovina, with particular emphasis on the 2023 amendments to the Law on the High Judicial and Prosecutorial Council (HJPC BiH) and the proposed new Law on the HJPC BiH currently pending before the Parliamentary Assembly of BiH. The analysis focuses specifically on the provisions governing the disciplinary responsibility of judges and HJPC BiH members, as well as the procedures for dismissal of Council members. In line with a broader interpretation of the concept of judicial self-governance, this study also considers the role and authority of court presidents.
By situating the discussion within the broader context of the Polish experience with judicial self-governance reforms, the paper offers additional insights into the risks of politicization and institutional capture that may arise even within frameworks formally designed to protect judicial independence.
Keywords
Hrčak ID:
349538
URI
Publication date:
19.7.2026.
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