ERA conference in Sarajevo: The Legal Professions and the Media - Worst Friends or Best Enemies?
On October 21st-22nd, 2024, the Academy of European Law (ERA), in collaboration with the Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina, hosted an insightful conference titled “The Legal Professions and the Media: Worst Friends or Best Enemies?”.
The conference had a special Focus on the Western Balkan Region. Held at the Hotel Holiday in Sarajevo, Bosnia and Herzegovina, the event brought together legal professionals, media representatives, and experts from across the region to discuss pressing questions central to strengthening the relationship between the justice system and media in the Western Balkans. Of course, for me, as a lawyer practising in Serbia, where there is always a need for improvement in media freedom, this was a highly interesting and relevant topic. So, I was pleased to receive the invitation from ERA to participate.
Key topics of the conference included strategies for increasing public confidence in the justice system and the legal professions, best practices to foster positive relations between legal professionals and journalists, and the importance of responsible courtroom reporting in ensuring a fair trial. Participants also examined how legal professionals can engage with the public both institutionally and individually, considering the limits of such interactions, and explored the media’s role in shaping public perceptions of the legal field.
Additional topics included the potential for alternative communication channels to shield journalists and legal professionals from political influence and the shared challenges faced by journalists and the legal sector in times of rule of law crises. We heard a significant number of practical examples of how media reporting on the judiciary has not been positive and has created, over the years, an extremely negative image of the judiciary and the people working within it, which has, of course, undermined public trust in the judiciary as an institution.
The Academy of European Law (ERA) is a prominent training institution in European law for legal professionals. Seated in Trier, Germany, ERA has been active in the field of continuous legal training for more than 32 years now, and alongside the Member States of the EU who are all patrons of the foundation, ERA has recently focused more on the candidate countries, in particular the Western Balkan countries. In 2023, Albania acceded to the foundation and became a patron of ERA, followed by Serbia in 2024. The abbreviation ERA is used because the name in German is ''Europäische Rechtsakademie'', meaning the Academy of European Law.
The Centre for Judicial and Prosecutorial Training of the Federation of Bosnia and Herzegovina is an independent public institution that is in charge of providing and organising continuous education for judges and prosecutors of the Federation of Bosnia and Herzegovina‘s judicial bodies. The Centre collaborates with Bosnia and Herzegovina‘s judicial institutions, faculties, and other national and international organisations. The aim of the Centre’s education is the continuous improvement of the domestic judiciary and the improvement of professionalism in the judicial system. The Centre has set the aim to achieve standards that will empower the judiciary in Bosnia and Herzegovina to effectively address the challenges posed by the immediate application of EU law and changes in national legislation, all within the framework of the European Court of Human Rights‘ judicial practice.
Other prominent organizations that participated in this interprofessional conference were the Centre for Judicial and Prosecutorial Training of the Republika Srpska, the Bar Association of the Federation of Bosnia and Herzegovina, and the Bar Association of the Republika Srpska.
- From left to right: Mr Denis Džidić (Director of BIRN - Balkan Investigative Reporting Network BIH), Mr Reinhard Müller (Editor at the Frankfurter Allgemeine Zeitung) and Mr Jean-Philippe Rageade (Director of ERA)
The topic of this conference was chosen based on the last annual conference of the European Forum of the Legal Professions, ''Trust in the Judiciary Requires Trust in the Media – Enhancing Cooperation between Two Pillars of Democratic States''. Whereas the Friends of ERA Association (www.era.int/foe) supported this event financially.
The conference venue was the ''Holiday'' Hotel in Sarajevo, which is a building with a noteworthy history. Originally built for the 1984 Winter Olympics, it served as the headquarters of the Olympic Committee during the games and quickly became an architectural icon and a hub for international visitors. Over the years, the hotel witnessed critical moments in the region's history, including providing shelter during the siege of Sarajevo in the 1990s.
The participants were welcomed by Mr Jean-Philippe Rageade (Director of ERA), Mrs Berina-Ina Alispahić (Centre for Judicial and Prosecutorial Training of the Federation of BiH), Mr Arben Murtezić (Director of the Centre for Judicial and Prosecutorial Training of the Federation of BiH), Slobodan Zec (Director of the Centre for Judicial and Prosecutorial Training of the Republic of Srpska), Mr Jeko Čilić (Member of the Steering Board of the Bar Association of the Federation of BiH) and Mr Dalibor Mrša (President of the Bar Association of the Republic of Srpska). To highlight a few of the knowledgeable speakers who shared their expertise with us, Mr Reinhard Müller (editor at the Frankfurter Allgemeine Zeitung) discussed the role of the media during crises. He emphasized that the first victims of authoritarian regimes are legal professionals and journalists. Mr Denis Džidić (the director of BIRN (Balkan Investigative Reporting Network BIH), spoke about the relationship between media and public trust.
On the first day of the conference, a roundtable discussion was held on the topic ''The Image of Justice in Media Reports'', chaired by Mr Arben Murtezić. The panelists included Mr Admir Arnautović (professional Advisor for Public Relations at the Cantonal Prosecutor's Office of Tuzla Canton), Mr Vladimir Beljanski, (President of the Vojvodina Bar Association), Mrs Meliha Dugalija ( Chief Prosecutor of the Cantonal Prosecutor’s Office of Sarajevo Canton), and Mrs Machteld Geertsema (Press Prosecutor at the Functional Public Prosecutor's Office of Amsterdam). The panelists' presentations covered topics such as public institutional communication strategies of judiciaries, the importance of accurate media reporting for both lawyers and clients, and best practices in collaboration with journalists.
Following the panel discussion, Andrea Moravčíková (Vice-President of the Supreme Court of Slovakia) delivered a presentation on the media’s influence on fair trials. As an experienced judge, she explored how public perceptions and reporting can impact judicial processes, emphasizing the balance between freedom of the press and the rights of individuals involved in legal proceedings. She highlighted cases where media coverage has swayed public opinion, discussing strategies to ensure that media influence doesn’t compromise judicial impartiality or the fairness of trial outcomes. Her insights provided a valuable perspective on maintaining judicial integrity in a media-driven world.
The second day of the conference focused on recent legislative developments across Europe, chaired by Mr Dragomir Yordanov (Executive Director of the European School of Enforcement in Sofia). Mrs Elda Brogi (professor at the European University Institute) opened the discussions by examining the European Media Freedom Act and its implications for transparency and freedom in European media landscapes. Mr Aladin Abdagić ( Editor-in-Chief at the Center for Investigative Reporting - CIN), addressed the challenges of responsible press reporting amid the rise of fake news, while Mr Roman Završek (Vice-President of the Council of Bars and Law Societies of Europe -CCBE), discussed the CCBE's stance on abusive litigations targeting journalists and human rights defenders. This segment highlighted the need for balanced legislation to support press freedom and protect journalists from judicial harassment.
A keynote speech was delivered by Mr Bartłomiej Przymusiński (judge and Spokesperson for the Association of Judges IUSTITIA), who spoke on the essential cooperation between legal professions and the media, drawing from the Polish experience. He emphasized that mutual understanding and collaboration are crucial for upholding democratic principles, especially in contexts where the judiciary or the press is under political pressure. His address underscored the importance of fostering connections between these fields to strengthen societal trust in legal institutions and ensure an informed public.
The day concluded with a roundtable discussion on the shared interests of journalists and legal professionals in times of rule of law crises, moderated by Mr Viktor Vadász (Director of Programmes at ERA), Panelists, including Mr Vedran Alidžanović (Chief Prosecutor at the Cantonal Prosecutor’s Office of Tuzla Canton), Mrs Amelia Onisor (judge, Deputy Director of the Romanian National Institute of Magistracy) and Mr Elis Sultanić (judge, Cantonal Court of Mostar) discussed issues such as the erosion of the rule of law, with a particular focus on attacks against press freedom and judicial independence. Presentations explored how legal professionals can amplify their voices during crises and the potential for social media to help younger generations shape a more positive image of the legal profession. This engaging discussion highlighted the synergy between the judiciary and the media in defending democratic values and combating misinformation.
- From left to right: Mr Jean-Philippe Rageade (Director of ERA), Mr Kristijan Karan and Mr Viktor Vadász (Deputy Director of ERA
- My Opinion on the Subject
In these two conference days, I had the opportunity to listen to judiciary representatives from the Western Balkans and various European countries. They shared their views on the intricate relationship between the media and the judiciary, as well as the challenges that come with it. We were working with highly professional and committed individuals, such as judges, prosecutors, lawyers, and educational centre directors, among others. What was noticeably missing was a greater presence of media representatives throughout the entire conference. Their involvement would have enabled us to engage in meaningful discussions and work toward developing more effective solutions for a brighter future for everyone.
I'll use this article as a platform to present a proposal I've been considering for some time. During the conference I noticed that many of my fellow legal professionals share my views on this issue, and I would be very interested to hear journalists' perspectives as well.
For example, to become an attorney, you must complete a four-year law faculty (Note: this is the procedure in Serbia, but most European countries have a very similar path). After that, you must complete an internship that lasts between 2 to 4 years. After that, you prepare for the bar exam for several months, one of the most comprehensive exams there is. After passing the bar exam, you must pass the attorney exam before a bar association committee and ultimately register in the directory of attorneys while taking the lawyer's oath, in which you pledge to perform the duties of a lawyer conscientiously, to adhere to your countries Constitution, laws, and other regulations, the statutes of the bar association, and the Code of Professional Ethics for Lawyers, and to uphold the reputation of the legal profession through your actions and behaviour.
I believe that such an approach has led to two key results. The first is that not everyone can become an attorney, ensuring a certain level of quality in the work of attorneys. The second is that after many years of hard work, when attorneys finally earn the title of ''attorney at law'', they value what it signifies next to their name and conduct themselves in accordance with the code of conduct that governs our profession.
On the other hand, we have the art of journalism—a vocation one simply assumes by proclamation. No need for formalities or tedious qualifications. One merely decides they’re a journalist, and voilà, they wield the pen like a sword, free to scribble whatever they please about whomever they fancy, with all the subtlety of a sledgehammer. It’s quite the arrangement, don’t you think? Here, I do not wish to imply that all journalists are bad; rather, we lack a clear definition of what a journalist is and who can call themselves one. I would like to raise the question: Why shouldn't we introduce some form of licensing for journalists? Before someone has the right to practice this profession, they should pass some form of examination before an independent commission (e.g., the basics of a democratic society, ethics, the fundamentals of the judiciary, with a particular emphasis on the presumption of innocence, etc.). For example, journalists with a license could have an ethical code that they create themselves, and then they would be held accountable before an ethical committee for serious violations of that code.
All of this is, of course, a very sensitive topic, and it should be approached cautiously to avoid turning it into media censorship or a mechanism for sanctioning ''undesirable journalists''. Licensing could allow governments or licensing bodies to restrict who can report the news, potentially silencing critical voices or independent perspectives, and such control could lead to bias or censorship, especially in politically sensitive situations. And yes, licensing requirements might deter individuals from entering journalism, especially investigative or freelance reporters. There are also other concerns, like limiting the freedom of expression, difficulties creating objective licencing systems and standards, etc.
On the other hand, introducing a licensing system for journalists could promote greater accountability and professionalism in the field. A license could ensure that journalists meet minimum standards in ethics, accuracy, and understanding of democratic principles, helping to build public trust in media reporting. Licensing could also deter harmful practices such as sensationalism, misinformation, or irresponsible reporting, as journalists would be required to adhere to an ethical code and face consequences for serious violations.
Furthermore, establishing objective standards could benefit both journalists and the public by clarifying expectations for responsible journalism and providing a safeguard against the misuse of journalistic power. This kind of system could ultimately reinforce journalism's role in society by encouraging integrity and respect for the profession's impact on individuals and communities alike.
- From left to right: Mr Miljkan Pucar (Partner at the Joint Law Firm ''Pucar-Ljubišić-Jandrić'' in Banja Luka), Mr Dalibor Mrša (President of the Bar Association of the Republic of Srpska), Mr Slavko Jandrić (Partner at the Joint Law Firm ''Pucar-Ljubišić-Jandrić'') and Mr Kristijan Karan
Over these past two days, one phrase kept coming to mind when it comes to the media: the line from Spider-Man's Uncle Ben (originally Voltaire): ''With great power comes great responsibility''. The media undeniably wields immense power in today's society. As we heard from several high-ranking representatives of the judiciary during this conference, judges and prosecutors often make decisions under public pressure that differ from what their expertise and conscience would otherwise dictate. And that is not how thing should work.
I don't know if I am right regarding the stance on licencing journalists, but this ERA conference was an outstanding opportunity to discuss such critical topics with colleagues. Special thanks go to Mr. Jean-Philippe Rageade and ERA for making this conference possible. As we observed throughout the event, this is one of those cases where someone else takes an interest in us in the Western Balkans and genuinely wishes us well, perhaps even more than we do ourselves. I met Mr. Rageade as someone who has an excellent understanding of the dynamics of the Western Balkan region, and with his work, he is genuinely helping us accelerate our path toward joining the European Union.I am deeply grateful to him for that.
Conferences like this offer a unique chance for us, as professionals, to come together and address pressing issues collaboratively. As Mr. Rageade noted at the opening of this conference, this isn’t a typical ERA event—the focus here is democracy. And in my view, that is precisely what we in the Western Balkans need. I hope there will be more conferences like this one and that these essential topics for the Western Balkans’ integration into the EU will continue to be highlighted. Personally, I have already purchased my plane ticket for the next ERA event, which I am eagerly looking forward to.
Author: Kristijan Karan, attorney at law
November 1, 2024
