Evidence suggests that the court system dampens the business climate in BiH more than almost anywhere else in Europe or Central Asia, and small and medium – sized enterprises suffer the most from poor court performance. BiH authorities at all levels have committed to improving the management of commercial cases as a key reform to improve the business climate. Against this backdrop , FBiH authorities requested the World Bank to analyze how best to improve the processing of commercial cases in FBiH.
The report provides in-depth analysis of the performance of courts in both FBiH and Republika Srpska (RS) and presents recommendations for improving efficiency and quality of case management in both jurisdictions.
In FBiH: the report recommends that authorities adopt a package of reforms to strengthen the commercial departments in Municipal Courts, improve efficiency in processing small claims, improve access to justice for small and medium-sized enterprises, develop high quality training for commercial judges, and support procedural reforms.
In RS: the report recommends that authorities implement a subset of these reform measures to strengthen the performance of Commercial Courts there, in particular to fast – track small claims, incentivize court performance, strengthen training, close procedural loopholes and ease bottlenecks in case processing.
The analysis benefited from close collaboration with all relevant stakeholders, and the recommendations have been agreed. AmCham BiH members participated in the making of this analysis.
Please find the analsis: Bosnian verison here. English version here.