The issue of criminalization of illegal enrichment has provoked intensive discussions, both in the scientific, professional, and decision-making circles. While one sees significant benefits and an effective mechanism for protecting the legal order, others point out significant objections, which essentially refer to the violation of fundamental human rights and fundamental principles of criminal law.

An analysis of the transparency of judicial institutions points to certain systemic deficiencies that need to be addressed in order to improve communication of the judiciary with the public. A review of the web pages of courts and prosecutor’s offices in BiH shows that the rules on the publication of indictments and judgments are not consistently applied.

Although the BiH Council of Ministers adopted the Anti-Corruption Strategy 2015-2019 and the Action Plan for the Implementation of the Strategy for the Fight against Corruption 2015-2019, whereby they also warn of the well-known disastrous consequences of corruption criminal offences, there are still a number of weaknesses and problems in the processing of these offences in BiH.

In the group of criminal offenses against official duty in BiH, the largest number of charges relates to the criminal offense of Abuse of Office or Official Authority. Despite this fact, however, quite loud criticisms point out that this particular norm is extensively applied, imprecisely defined, resorted to only when there is no other option, that the factual description in the indictments and verdicts is insufficiently clear and too lengthy, that caution and restraint is needed in the application of this provision and even that the inclusion of this criminal offence in criminal codes is obsolete.

The reasons for the weak results of the judiciary in BiH in the prosecution of corruption are manifold. They range from the very nature of the phenomenon of corruption, which often takes place in secrecy, due to the interest of the participants themselves, which makes it particularly difficult to detect, to the inadequate institutional and legislative framework. The recommendations of international bodies, as well as the observed problems in practice, offer important guidelines for amending the legal framework in a way that would enable progress in this area.

The education system in Bosnia and Herzegovina and the individual practices that are applied are far from being effective in encouraging understanding, tolerance and friendship among all nations and all racial, ethnic or religious groups, as required by the Framework Law on Primary and Secondary Education in Bosnia and Herzegovina and other international legal documents the state has ratified. Existing educational policies result in ubiquitous discrimination and inequality and even segregation in education. The most illustrative example of this practice are the divided / parallel schools, better known as "two schools under one roof".

Demand for efficiency of the judiciary often comes down to claiming a higher number of verdicts as quickly as possible. However, such a simplified approach disregards quality of effected criminal law protection, as well as the importance and complexity of completed cases. Thus, quality of indictments and verdicts is an inevitable feature of the efficiency of judicial and prosecutorial institutions, which needs to be given particular weight in the coming period. 

Mediation in cases of discrimination is still a relatively new way of dealing with the situation of disputes and violations, both in EU countries and in the region. This process is not promoted enough in BiH, parties are not familiar with it, and the courts and other actors parties rarely offer the opportunity to resolve disputes through mediation.

Most countries in the region began drafting and adopting strategies for the prevention and fight against discrimination, including Bosnia and Herzegovina. Under the Work plan for 2016, the Ministry of Human Rights and Refugees envisaged the development of a strategy for preventing and combating discrimination in BiH.