Neven Akšamija is Assistant Director at the Labor and Employment Agency of Bosnia and Herzegovina and Ph. D. candidate at the University of Sarajevo Faculty of Law. Engineer, Lawyer, Civil Servant and Scholar.
Polje Istraživanja: Law
Name: Neven Akšamija
E-mail: neven.aksamija@arz.gov.ba; nevenaksamija@gmail.com; neven.aksamija@student.pfsa.unsa.ba,
Title: Assistant Director at the Labor and Employment Agency of Bosnia and Herzegovina
Citizenship: Bosnia and Herzegovina
Experience:
1. Labor and Employment Agency of Bosnia and Herzegovina
- Assistant Director from 2023
2. Civil Service Agency of BiH:
- Director from 2009 – 2023
- Assistant Director 2006 – 2009
- Head of Unit 2003 – 2006
3. Ministry of Defense/Armed Forces:
- Senior Expert Associate 2002 – 2003
- Expert Associate 1997 – 2003
- Military Commissioned Officer in the General Staff 1996 – 1997
- Enlisted and Non-commissioned officer 1992 – 1996
Education:
A. Academic:
1. University of Sarajevo Faculty of Law, Doctoral Study of Law (Ph. D. candidate), Chair of State and Public International Law, from 2021 (thesis in the Constitutional Law approved, status: ABD /All But Dissertation/)
2. University of Sarajevo Faculty of Law, Master of Laws, International Law and Legal Studies, 2018 – 2020
3. University of Sarajevo Faculty of Law, Bachelor of Laws, 2004 – 2011
4. University of Sarajevo Faculty of Mechanical Engineering, Bachelor and Master of Mechanical Engineering (Integrated Studies – Dipl-Ing), 1986 – 1999
5. University of the West of England, Change Management Project Workshops, 2008 – 2009 (no degree)
B. Profesional/certifications:
1. Ministry of Justice of BiH, Bar Exam, 2014
2. Federal Ministry of Justice, Civil Servants Profesional Exam, 2002
C. Courses: 40 courses in total from 2003 to 2023
Academic interests: Constitutional Law, Administrative Law, Public International Law, Civil Law (Torts and Property Law, Civil Procedure Law), Labor Law (especially Law of Public Service), Legal History, Criminal Law (Crimes Against Official Duties, Amnesty, Pardon) and Private International Law
Publications (articles):
1. Regulatory Bodies of Bosnia And Herzegovina: Does a Model of Bosnia – Herzegovina Regulator Realy Exists?
2. Performing the work of another job in the administrative body of Bosnia and Herzegovina: justified or manipulative method
3. Legal Regulation of the Termination of Pregnancy in Comparative Law
4. Compensation for Damages that Civil Servants and Employees Commit in the Performance of Official Duties
5. Decisions of the Council of Ministers of Bosnia and Herzegovina as Sub-Laws in Comparison with Regulations of Governments
6. Amnesty and Pardon in Legislation and Practice in Bosnia and Herzegovina
7. Legal Aspects of the Correlation of Responsibility and Management in the Administrative Body of Bosnia and Herzegovina
8. Features of the Regional School of Public Administration (ReSPA) as an International Organization
9. Constitution of Bosnia and Herzegovina in 1995 and 2022
10. The Necessity of Temporary Financing Decisions (Continuing Resolutions) in the context of the Constitution of Bosnia and Herzegovina
11. The Legal Force of the former SFRY Legislation in Bosnia and Herzegovina
12. The Legal Possibility of Human Resources Issuance (A Commentary on a Decision of the Constitutional Court of Bosnia and Herzegovina)
13. Legislation of the Institutions of Bosnia and Herzegovina during the pandemics – the example of the Civil Service Agency
14. Authorities for Imposing Extraordinary Measures During State of Disaster
15. New Case Law: Analysis of the Introduction of Objective Judicial Review in Court of Bosnia and Herzegovina practice – Controversies and Possibilities
16. Employee Categories in Institutions of Bosnia and Herzegovina
17. The Protection of Candidate's Rights – Legal Remedies in Public Competition Procedure
18. Article 112 of Una - Sana Canton Zone Planning Act (Expert Opinion on Conformity with the Constitution of Bosnia and Herzegovina and the Constitution of the Federation of Bosnia and Herzegovina and the Federation of Bosnia and Herzegovina Administrative Procedure Act)
19. Employee Categories in Institutions of Bosnia and Herzegovina and in the Entities
20. Interlocutory Injunctions – Stay of Execution of the Final Administrative Decision in Public Competition Procedure in the Institutions of Bosnia and Herzegovina
21. The Procedure of Recruiting Civil Servants in new Institutions of Bosnia and Herzegovina
22. The Involvement of Civil Servants at the Elections
- Organisations:
A. Education:
1. Regional School of Public Administration – ReSPA – Substitute Member of Governing Board on Ministerial Level, Member of HRM Working Group and Member of e-Government Working Group
2. European Law Student's Association ELSA (Sarajevo) – Expert – Lecturer of The European Convention of Human Rights (with University of Sarajevo Faculty of Law)
3. Civil Service Agency of the Federation of Bosnia and Herzegovina – External Education Trainer
4. Ministry of Justice of Bosnia and Herzegovina – Member of Commission for Professional Administrative Examination
B. Other:
5. Independent Trade Union of Civil Servants and Employees in Institutions of Bosnia and Herzegovina – Member of the Advisory Team
6. Civil Service Agency of the Federation of Bosnia and Herzegovina – Expert – Member of the Selection Panels, and Member of the Commission for the preparation of questions for the General Knowledge Exam
7. OECD – SIGMA –Associate (2 projects)
8. Regulatory Railway Board of Bosnia and Herzegovina – Expert
9. Public Administration Reform Coordinator's Office (Bosnia and Herzegovina) – Member and Co-chair of HRM Supervisory Board
10. Institute of Metrology of Bosnia and Herzegovina – Member of the Working Group for drafting the Law of Metrology in Bosnia and Herzegovina
11. Prva gimnazija Sarajevo – School Board Member
Projects:
1. Strengthening of HRM in Bosnia and Herzegovina
2. Strengthening of Public Institutions – SPI
3. EU HRM Project
4. Training of Administrative Procedures – TAP
Regulatorna tijela Bosne i Hercegovine koja su se pojavila u posljednjih dvadesetak godina u procesu intenzivne agencifikacije i u toj državi većinom su neistražena pojava. Stoga je cilj ovoga rada utvrditi koje su od velika broja agencija te države regulatori, kakve imaju ovlasti i neovisnost, kojem komparativnom modelu pripadaju, a posebice postoji li uopće model bosanskohercegovačkog regulatora. S tom su svrhom uspoređeni regulatorni modeli određenih država od posebne važnosti i analizirana pitanja neovisnosti i sadržaja regulatornih ovlasti. Utvrđeno je postojanje sedam regulatornih agencija na središnjoj razini vlasti te da je većina bosanskohercegovačkih regulatora dio državne uprave. Osim toga, neovisnost pojedinih regulatora jako varira – od relativno visoke u području energije i komunikacija do niske u reguliranju željezničkog prometa, pri čemu pojedini regulatori imaju različite uzore, od angloameričkih do europskokontinentalnih, te je konačan zaključak da model bosanskohercegovačkog regulatora uopće ne postoji.
This paper explores the legal regulations on the termination of pregnancy in comparative law, a sensitive topic that, although it does represent the exclusive domain of state regulation, encroaches into human rights as well. The basic research question is how selected modern democratic states legally regulate the issue of the termination of pregnancy. Hence, the research goal is to prove that the trend of modern democratic states is to allow the termination of pregnancy even on request, but also to determine the existence of recent retrograde trends in this area. In this paper and research, except for the comparative method, the analytic, dogmatic, normative, and axiological methods are utilized. Although the core of the research is comparative legal, the historic and international legal segments are presented in short in this paper. In researching the following selected states, BiH, Serbia, Croatia, Germany, USA and Ireland, it is determined that the termination of pregnancy is currently largely allowed even on the request of a pregnant woman, especially for justified reasons, with regards to a specific legal regime (Germany), a sudden shift in complete liberalization (Ireland), and even for retrograde changes towards absolute prohibition (USA). In the argument section, the right of the state to ban a medical procedure out of arbitrary reasons (at least in modern discourse) is considered (even disputed). The conclusion is, considering the practice and development of democratic states, the trend of allowing the termination of pregnancy in early stages on demand of a pregnant woman without a reason, and in later stages with a reason, is evident. Concerning the region, the situation is relative satisfactory, although in greater parts of Bosnia and Herzegovina as well as Croatia the outdated legislation needs innovations, as well as certain improvements, which at this point is inevitable.
This paper researches the decisions of the Council of Ministers of Bosnia and Herzegovina as general sub-laws and compares them with regulations of governments on other levels of government in Bosnia and Herzegovina. The comparison of the decisions of the Council of Ministers is carried out with the regulations of the Government of the Federation and the Government of Sarajevo Canton, with the intention to determine that decisions of the Council of Ministers have in essence the same scope and subject of regulating as the aforementioned government regulations, placing emphasis on the constitutional distribution of competencies between state, entities and cantons. The original research has determined that the Council of Ministers carries out the majority of legislative activities with their decisions, but rulebooks and instructions also appear as sub-laws, which isn’t the case on federal and cantonal levels, where rulebooks and instructions are exclusively adopted by administrative bodies, although administrative bodies on the level of Bosnia and Herzegovina also adopt these types of legislation. It has been determined that most decisions, rulebooks and instructions of the Council of Ministers, as well as regulations of governments are adopted for the purpose of executing the law, therefore as classical sub-laws, although different examples also appear. Finally, an amendment to the law is proposed in the sense that the Council of Ministers adopts regulations as sub-laws, with the cessation of adoption of rulebooks and instructions, which would be more appropriate from the aspect of our administrative law and bring about more order and would systematise this area.
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