Sjednice
Council of Ministers of BIH Holds Its 9th Session
04/12/2023
The Council of Ministers of BIH defined unanimously a Proposal Law on Freedom of Access to Information at Bosnia and Herzegovina Institutions level with a mark “EI“, as a confirmation of certain harmonisation level with the relevant European Union regulations.
The Proposal Law, prepared by the Ministry or Justice of BIH, took over June 2019 EU Directives (2019/1024) of the European Parliament and Council on open data and reuse of documents from public sector as much as required by the current phase of the EU integrations process of BIH.
Principles on which the proposed Law is based are focused to, among other things, strengthening of transparency and openness of public authorities, fee and free-of-charge access to information with timeliness and accuracy in their publication, and boosting responsibility of BIH Institutions in the process.
With access to information against request submitted, defined under the valid law on access to information in BIH, introduced is an electronic submission of request, as well as fully new model of proactive publication of certain information relevant for operation, organisation, decision-making and financing of BIH Institutions. Also, a significant breakthrough as to strengthening of BIH Institutions transparency is the establishment of a central portal of public information as a public accessible Internet tool, to enable equality and permanent access to information stored with data base of electronic documents and/or physical sets of documents, which also enables an effective protection of request applicants in a second-degree appellation procedure and in final process of administrative procedure.
The Ministry of Justice will provide the Proposal Law on Freedom of Information at Bosnia and Herzegovina Institutions level to the Parliamentarian Assembly of BIH for consideration under shortened legislative procedure.
BIH AND BULGARIA STRENGTHEN THEIR COOPERATION IN NATURAL AND OTHER CATASTROPHES
The session defined the Ministry of Security-prepared Proposal Platform for negotiations on an Agreement between the Council of Ministers of Bosnia and Herzegovina and Government of the Republic of Bulgaria on cooperation in case of catastrophes.
The two states want to strengthen their cooperation in areas of planning, prevention and provision of assistance and support in natural and other catastrophes on the principles of mutual respect of sovereignty and territorial integrity.
After Bosnia and Herzegovina was admitted into the European Union Civil Protection Mechanism, it became a part of the European concept of protection ada rescue, and through bilateral agreements it should enable assistance on the ground in case of natural and other catastrophes, as well as intensification of cooperation in equipping teams, by holding joint trainings and exercises, and though exchange of experiences and good practices.
The Proposal Platform will be provided to the BIH Presidency for further procedure, and the Minister of Security should be the BIH signatory thereof.
SUPPORT TO DEPOSIT SAVERS: BIH WILL USE TS RIGHT TO INVOLVE IN EUROEPAN COURT PROCEDURES
Bosnia and Herzegovina will use it right to get involved, in accordance with the European Convention, and intervene as a third party in process „Landika Kata and others against Slovenia“, ap. No. 4587/22.
The Council of Ministers of BIH took unanimously the conclusion after it adopted a piece of information on a procedure before the European Court for Human Rights, which means practical acceptance of an urge for intervention of Bosnia and Herzegovina, as a third party, in the process.
The piece of information by the Representative of Bosnia and Herzegovina before the European Court for Human Rights suggests that it is a process upon a claim by a citizen of BH as to violation of right to use property, due to refusal of the Republic of Slovenia authorities to pay to the applicant her old hard currency deposit savings, kept in the Sarajevo branch of „Ljubljanska Banka“, Ljubljana.
According to the piece of information, the Republic of Slovenia informed earlier the Council of Europe Committee of Ministers that it has received from the Sarajevo branch of Ljubljanska Banka 16.700 claims for return of hard currency deposit savings in total amount of EUR 90 million, and that only EUR 78 million was paid back. It also challenged a part of responsibility of the Republic of Slovenia for payment of a part of deposit savings held with singe citizens' accounts in accordance with the Law on defining and realisation of claims by citizens in the privatisation procedure in the Federation of BIH, shifting responsibility to the whole Bosnia and Herzegovina.
As it is about quite a number of citizens of Bosnia and Herzegovina claiming for their rights for years to payment of old hard currency saving deposits also in sizable amounts, the inclusion of Bosnia and Herzegovina in the procedure was assessed to be of general interest.
BIH INSTITUTIONS’ PROPOSAL FOR EUROPEAN COMMMISSION
The Council of Ministers of Bosnia and Herzegovina adopted a Proposal by Bosnia and Herzegovina Institutions for regular annual report on Bosnia and Herzegovina for June 15, 2022-March 1, 2020, after taking note of a piece of information on its drafting.
The Council of Ministers Direction for European integrations will provide the document to the European Commission.
The document holds a breakthrough activities implemented at all-level authorities, relevant for the process of Bosnia and Herzegovina accession to the European Union.
SYSTEMIC PREPARATION OF MONEYVOL EVALUATION OF BIH
The Council of Ministers of BIH adopted a piece of information on the course of Moneyval evaluation of Bosnia and Herzegovina, and accepted GIZ offer for organisation of simulation sessions and expert-consultants during the process. The Ministry of Security will continue further activities coordination within the 5th cycle of Moneyval evaluation of BIH.
During GIZ simulation sessions, from May to September this year, to include representatives from more than 45 institutions and agencies from differed levels of authority in Bosnia and Herzegovina involved in the process of evaluations, the focus will be an essential improvement of the system of countering money laundering and financing of terrorist activities, so that Bosnia and Herzegovina might prepare best as possible for the process.
Bosnia and Herzegovina is currently in the process of filling Moneyval's questionnaire, namely on technical adjustment and effectiveness, which was provided to relevant Institutions of Bosnia and Herzegovina. After the questionnaire reach Moneyval, their experts will visit Bosnia and Herzegovina, in September 2023, as planned.
PUBLIC PROCUREMENT: HARMONISATION OF REGULATION WITH LAW
The Council of Ministers of BIH took a Regulation on Amendments and Supplements to the Regulation on staff training for public procurement, to be adjusted to the new Law on Amendments and Supplements to the Law on Public Procurements.
It introduces and regulates trainings for public procurement officers through newly-established IT system for trainings management. (TMIS).
TO STEP-UP ACITVITIES ON IMPLEMTNATON OF SUCCESION AGREEMENT AND PROTECTION OF INTERESTS OF BIH
The Council of Ministers adopted the Ministry of Finance and Treasury-tabled piece of information on implementation of an Agreement on Issues of Succession, which reviews the Agreement and its Annexes implementation activities.
The session adopted relevant conclusions and assignments to BIH representatives in joint committees for annexes implementation, aiming protection of interests of Bosnia and Herzegovina.
A member of the Joint Committee for Annex A of the Agreement, referring to division of immovable and movable property, should initiate meeting of the Joint Committee and take needed activities for the Committee to solve the issues form its competence.
The authorised representative of Bosnia and Herzegovina in the Committee for Annex B of the Agreement, referring to division of diplomatic and consular property, should continue its activities towards a final division of diplomatic and consular property of ex-SFRY.
The Council of Ministers supported the negotiating team for Annex C of the Agreement, referring to financial claims and debts, in order to reach consensus about division of the remaining claims by ex-SFRY, as well as to take needed activities to diminish negative impacts of Ex-SFRY debts allocated to Bosnia and Herzegovina; it gave clear guidelines for action by the BIH representatives in concrete subjects within the Annex.
For the purpose of up-dating the succession of archival holdings of ex-SFRY, Director of Archives of Bosnia and Herzegovina will intensify activities on digitalisation an taking-up archival holdings from ex-SFRY, and the Ministry of Finance and Treasury will secure special purpose funds to the Archives of Bosnia and Herzegovina for the purpose of digitalisation of succeeded archival holdings of ex-SFRY.
For a more effective implementation of the Annex G in the Republic of Croatia and Republic of Serbia, the Ministry of Justice of BIH will, in coordination with other authority levels in Bosnia and Herzegovina, up-date activities on conclusion of bilateral agreements on property-legal issues with these states, a draft of which will be provided to the Council of Ministers of BIH.
IMPLEMENTATION OF AGREMENT ON ReSPA
The Council of Ministers of BIH took a decision on amendments and supplements to Decision on appointment of Bosnia and Herzegovina members in the Regional School for Public Administration (ReSPA) Steering Board.
Appointments were required after appointment of new Minister of Justice of BIH Davor Bunoza, who will replace previous Minister Josip Grubeša in the Steering Board at ReSPA Ministerial level meetings.
Deputy Minister in the Ministry of Justice Legal Assistance and Civil Society Development Sector Nedžad Salman will continue activities of a permanent member in the Steering Board senior officials meetings.
So, Bosnia and Herzegovina continues implementation of the Agreement on Regional School for Public Administration, which enables continued public administration cooperation in the process of the European integrations. (end)