CITIZENS OPINION ON STATE-LEVEL CONSTITUTIONAL REFORM in Bosnia and Herzegovina 1000 CITIZENS 20 QUESTIONS 2013 JULY 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 Crime and Corruption 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. E N T I T Y 1 2 . 2 % CITIZENS want crime and corruption to be addressed at the level of: CANTON 2.4% MUNICIPALITY 3.1% S T A T E 7 9 . 6 % Different 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 RS NO BIH SUPREME COURT 10 CANTONAL COURTS 2 ENTITY COURTS + BRCKO DISTRICT COURT CONSTITUTIONAL COURT OF BiH