Why it is easy to miss a provision in BiH law
In BiH legislation comes from several levels of government, and each amends it at its own pace. The hard part is not finding a provision. It is being sure no other one changes it.
By Amiro
Every judgement starts with a search: which law, which version, which article. You usually find the provision. What is harder is being sure that nothing else changes what you just found.
In BiH that takes longer than it should, and it is not your fault.
Legislation on several levels
Laws are passed by the state, both entities, the cantons in the Federation and the Brčko District. The same area is often regulated on several levels at once. A cantonal law implements a federal one, and the federal law can change before the cantonal one catches up.
Each level has its own official gazette: the Official Gazette of BiH, the Official Gazette of the Federation of BiH, the Official Gazette of Republika Srpska, the Official Gazette of the Brčko District of BiH, and each canton its own. Amendments are published separately, and a consolidated text is not always available.
Where a provision gets missed
A provision is rarely missed because nobody looked for it. It gets missed:
- when you found the original text of the law, but not a later amendment;
- when the case falls under a law from another level, not the one you opened;
- when you read one article, and the exception sits in another.
If you work alone in an in-house legal team, there is often no colleague to read it a second time. The opinion still goes out under your name.
General AI does not shorten this work
ChatGPT and similar tools answer at once and with confidence, but often from what they learned rather than from the text in force. They often cannot tell which level has jurisdiction or which version applies. In a 2024 test by Stanford's RegLab, GPT-4 gave a wrong answer, or a statement cited to a source that does not support it, on 43% of questions on US law. No such measurement exists for BiH law.
A confident answer without a provision does not shorten the search. It just leaves it to you, without a warning.
What Amiro takes over
Amiro takes over the search and the reading. It answers from the text of BiH legislation and opens the provision it relied on, so you can read it in context. When the legislation gives no clear answer, it says so and shows the closest provisions.
The question of whether you have covered everything does not go away. But it starts from the provision in front of you, not from a search you have yet to run. And you make the call, as before.