LONG-AWAITED REFORM

THE TWO-TIER SYSTEM OF ADMINISTRATIVE ADJUDICATION IN BOSNIA AND HERZEGOVINA

Abstract

In every country, the functioning of the judicial system is a certain indicator of the level of democracy and respect for the rule of law within society. An  essential aspect of the rule of law is a well-regulated system of administrative justice. The protection of individuals’ rights and interests is not always  guaranteed in administrative proceedings, making their protection in court proceedings particularly crucial. The right to appeal in administrative disputes has become increasingly important in the European Union in recent years, with open access to the highest administrative courts ensuring a higher standard of protection for individuals’ rights and interests in administrative matters. Each member state of the European Union has significant freedom in designing access to the highest courts. The analysis of administrative litigation in European  comparative law clearly demonstrates that it is organized into at least two levels. The results of the  research presented in this paper, from both  theoretical and practical perspectives, have  highlighted the importance and challenges  associated with integrating the appeal mechanism  into administrative litigation in Bosnia and  Herzegovina. The country still adheres to traditional solutions in administrative-judicial proceedings. Access to the higher instance administrative court, as part of the broader concept of the right to an effective legal remedy derived from the European Convention on Human Rights and postulates of law in general, should provide citizens with an additional legal remedy for the correction of violations committed by administrative bodies, thus promoting greater legal certainty. It appears that such a reform of the administrative dispute process would be a  significant step towards creating a better judicial system in Bosnia and Herzegovina overall.