European ‘Dis-integration’ in Bosnia and Herzegovina: A Critical Reflection on Legal, Administrative and Political Obstacles Affecting the Approximation of Chapters 23 and 24 of the Acquis Communautaire

Marco Roccia

European Review, 2013, vol. 21, issue 1, 103-117

Abstract: Several pieces of legislation have been enacted with a view to regulating the European integration process in Bosnia and Herzegovina. A plethora of bodies are in charge for approximating the EU acquis. However, the stabilisation and association process in the field of justice related matters has not proceeded as planned due to the existence of at least four legislatures for the Justice Sector and 14 Ministries of Justice (MoJs) whose competences and tasks are not well delineated. This article focuses on the specific issues affecting the transposition of Chapters 23 (Judiciary and fundamental rights) and 24 (Justice, freedom and security) of the EU acquis. Based on the analysis of existing legislation and administrative structures and meetings with local officials and foreign donors, the author argues how, for an effective legal approximation process, a review of the current allocation of competences among State, Entities, Brčko District and canton level cannot wait. After drawing comparisons with regional best practices in the field of European integration and illustrating the complex constitutional framework of the country, the administrative and legislative obstacles characterising the approximation of domestic legislation with European standards in the field of Justice and Home affairs are explained. The author concludes by offering a set of solutions to overcome the current situation.

Date: 2013
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.cambridge.org/core/product/identifier/ ... type/journal_article link to article abstract page (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:cup:eurrev:v:21:y:2013:i:01:p:103-117_00

Access Statistics for this article

More articles in European Review from Cambridge University Press Cambridge University Press, UPH, Shaftesbury Road, Cambridge CB2 8BS UK.
Bibliographic data for series maintained by Kirk Stebbing ().