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Public Opinion Poll on citizens' view on constitutional reform, commissioned in July 2013 within the project “Constitutional Reform in Bosnia and Herzegovina: Engaging Civil Society"
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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