Zbornik Radova Pravnog Fakulteta u Nišu (Jan 2014)
The harmonization of the legal system of Bosnia and Herzegovina with the EU acquis in light of the application of the interim agreement on trade and trade related matters
Abstract
The harmonization of a legal system is one of the essential duties that a country aiming to accede to the EU has to accomplish. Bosnia and Herzegovina has established contractual relationship with the EU by concluding the Stabilisation and Association Agreement. While the entry into force of this agreement is pending, the Interim Agreement on Trade and Trade-Related Matters (containing trade-related provisions of the Stabilisation and Association Agreement) is being applied. This article explores the obligation of Bosnia and Herzegovina to adjust its legal system to the EU acquis through the application of the Interim Agreement. In order to examine this issue in a comprehensive manner, the authors first explained the legal nature of the Stabilisation and Association Agreement and the Interim Agreement. In this context, a particular attention has been paid to the provision of Article 70 of the Stabilisation and Association Agreement, which stipulates the obligation to harmonize domestic legislation with the EU acquis and has been applied since the Agreement's signature. The Agreement provides that the priority in the legal harmonization has to be given to trade-related issues. The legal approximation activities will expand to other relevant areas of the acquis. Further on, the authors explored the procedural framework for the legal approximation to the EU acquis carried out in Bosnia and Herzegovina with particular regard to future challenges in this process. The authors analyzed the legal approximation procedures applied by Bosnia and Herzegovina's institutions, institutions of its entities and the Brčko District, as well as harmonization instruments and their relevance in the approximation procedures. The authors focused on the importance of the constitutional distribution of competences to different levels of government and its impact on the harmonization process. The authors concluded that it was necessary to establish a sound system of the coordination of administrative activities, harmonization provisions at different levels of government and planning the legal approximation process. Finally, the authors analyzed the institutional framework established by the Interim Agreement, i.e. the joint bodies established between the contracting parties (Bosnia and Herzegovina and the European Union), which have been entrusted to monitor the application of this Agreement. The Interim Agreement has set up an Interim Committee for Stabilisation and Association and several sectorial sub-committees to monitor the implementation of particular Agreement provisions.
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