Case Study – Improving Commercial Case Management in Courts in the Federation of Bosnia and Herzegovina

Abstract

High-performing commercial courts are essential to attract investment and maintain a healthy business climate. This article presents efforts of the Government of the Federation of Bosnia and Herzegovina (FBiH) to improve performance of courts and analytic work that ensures informed decision making during the justice reform process. Through 2016, the World Bank led an analytical Study and analyzed the performance of the FBiH courts and presented options for improving their efficiency and quality, based on quantitative and qualitative data and a highly consultative process with stakeholders. The Study offered three options, recommending the one that was found feasible in FBiH. It concluded that
the establishment of specialized commercial courts is not justified in FBiH and will not lead to the improvement of court performance. Its analysis and recommendations have attracted consensus among stakeholders and, in 2016, the FBiH Government amended the Reform Agenda to accommodate the Study’s findings and recommendations.