The Draft Law on the Bar of BiH Carried



23 December 2008 - The Council of Ministers of BiH carried the Draft Law on the Bar of Bosnia and Herzegovina with a majority of votes. This Law governs the structure and status of the BiH Bar Association, i.e. the bar as an independent and autonomous profession of the members of association, who provide professional legal assistance to national and foreign natural persons and legal entities. The assistance is based on the exercise and protection of rights, duties and legal interests of individuals, in pursuance of the Constitution of Bosnia and Herzegovina, the international law, the Articles of Association and the Code of Professional Conduct of the Bar of Bosnia and Herzegovina and other regulations and by-laws.

The Draft Law on the Bar of Bosnia and Herzegovina determines that lawyers whose offices, i.e. the Bar Associations whose members they are, are located anywhere in Bosnia and Herzegovina can freely associate in the Bar Association of Bosnia and Herzegovina, as an independent and autonomous association of lawyers. Members of the Bar Association of Bosnia and Herzegovina are lawyers who joined the Bar Association of the Federation of Bosnia and Herzegovina and the Bar Association of Republika Srpska.

The Draft Law on the Bar of Bosnia and Herzegovina governs inter alia the enrolment in the BiH Bar Association’s Roll. Enrolled members are entitled to transact lawyer’s business both before national and international judicial, administrative and other authorities and organizations and in international arbitrations.

According to the proposed provisions, the tariff of lawyer's fees and reimbursement of costs of work performed by members of the Bar Association of Bosnia and Herzegovina will be proposed by the Assembly of the Bar Association of Bosnia and Herzegovina and approved by the Ministry of Justice of BiH.

With the passage of this Law Bosnia and Herzegovina will fulfil one of the requirements under European Partnership and create legal grounds for the fulfilment of obligations under the Association and Stabilization Agreement concerning the particular matter.

In accordance with the conclusions by the Council of Ministers of BiH, the Ministry of Justice of BiH will introduce the Bill into the Parliamentary Assembly of BiH for discussion in a regular passage procedure, suggesting that the Draft Law should be the subject of a public debate.