Professional community continues dialogue on ways to improve enforcement procedure

USAID's JP and Basic Court in Banja Luka host Conference on enforcement of civil judgements

Published on: May 26, 2015
On May 26, 2015, USAID’s Justice Project organized a regional round table in Banja Luka dedicated to improvements in the area of enforcement of civil judgements. The Basic Court in Banja Luka co-hosted this event with USAID’s Justice Project. More than 40 members of professional legal community participated, including judges and court bailiffs from both Republika Srpska and the Federation of Bosnia and Herzegovina, representatives of the Bar, Notary and the Chamber of Commerce, banks and businesses.

The participants agreed that the existing legal framework governing coercive enforcement is uncoordinated and in need of thorough revision, with laws on enforcement procedure often being so vague to lead to conflicting interpretations. Parties are left with numerous avenues for delaying completion of the enforcement procedure and abusing procedural rights. An effective enforcement system is recognized as a key instrument for successfully exercising of rights awarded through litigations, or by possession of enforceable or authentic documents or other entitlements. Participants reiterated that the establishment of a more effective enforcement system is imperative to help the economy of Bosnia and Herzegovina become a better environment for investments. Also, they agreed that the growing number of “utility cases” is putting a lot of pressure on courts and is reinforcing the public view that the judicial system is inefficient, despite the fact that the majority of the courts register positive trends in resolving the backlogs of non-utility cases.

Several participants expressed their desire that USAID's Justice Project’s activities would introduce long awaited and significant systematic changes in the area of enforcement of civil judgments.

At the end of the round table, participants agreed on a number of recommendations which included: invitation to relevant authorities to either adopt amendments or promulgate new and harmonized laws on enforcement procedure; better training system for enforcement judges and court bailiffs; and a better system of harmonization of court practices in enforcement, etc.

USAID’s Justice Project invited the participants to provide comments and recommendations on the diagnostic assessment of the enforcement system in BiH, currently ongoing and expected to be completed by the end of June 2015.