The IJC was granted its first mandate by the High Representative on 14 March 2001. Under this mandate, it was the lead agency for judicial reform in Bosnia and Herzegovina. It monitored the previous Comprehensive Review Process for judges and prosecutors, which was established by legislation in both Entities, and entered into force in 2000. In addition, the IJC was involved in many aspects of judicial reform, including reform of the key procedural laws in force in BiH and its Entities.
The IJC spearheaded the move towards the establishment of the Councils, having realised at an early stage that the Comprehensive Review Process for judges and prosecutors was ineffective. The IJC developed detailed plans for the reinvigorated judicial reform strategy, involving a reselection process for all judges and prosecutors, and the restructuring of the court system. Reference is made to:
- the IJC Strategy Paper for 2001 and 2002, issued in July 2001;
- the IJC Achievements Paper covering the period March 2001 – August 2002, issued in September 2002 and
- the decisions of the High Representative 23 May 2002 enacting the three Laws on High Judicial and Prosecutorial Councils of Bosnia and Herzegovina, of the Federation of Bosnia and Herzegovina and of the Republika Srpska.
On 6 August 2002, the High Representative issued a new mandate for the IJC, to reflect the reinvigorated judicial reform strategy.
The main provisions of this mandate are:
- to support the work of the High Judicial and Prosecutorial Council of Republika Srpska, of the High Judicial and Prosecutorial Council of the Federation of BiH and of the High Judicial and Prosecutorial Council of BiH during the transitional period;
- to support the Disciplinary Prosecutor in disciplinary matters before the afore mentioned Councils;
- to provide advice to local authorities and professional legal organizations on all issues affecting the court system and its restructuring;
- to undertake such further responsibilities as may be assigned by the High Representative from time to time;
- to report to the Senior Deputy High Representative in charge of Rule of Law matters on a regular basis on matters concerning the above mandate.
In carrying out its mandate and responsibilities, the Independent Judicial Commission shall have the authority to initiate contacts with international organizations and domestic bodies, agencies, institutions, or organizations to promote rule of law projects affecting the court system, its restructuring, and its support of the High Judicial and Prosecutorial Councils.
All courts, prosecutors’ offices and governmental agencies at all levels, including all judges, prosecutors, court staff and government officials are obliged to co-operate with the IJC and to disclose any information that the IJC considers necessary for it to carry out its responsibilities under paragraph 2 of this Decision.
The members of the High Judicial and Prosecutorial Councils were appointed by the High Representative 6 August and were inaugurated in September 2002. The IJC is supporting the Councils on all issues connected to their mandate during the transitional period 2002-03.
Reference is also made to the document:
- “ Restructuring the Court System: Report and Proposal” issued on 15 August 2002.
The High Representative enacted the recommendations 1 November 2002 on court restructuring by issuing on 11 Decisions amending the RS Law on Courts and Judicial Service and the 10 Cantonal Laws on Courts in the Federation. These amendments provide the number and location of the restructured courts, their branches and specialized commercial departments. The IJC will oversee the implementation of these decisions in close cooperation with the national authorities during 2002-03.