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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

Published online by Cambridge University Press:  31 January 2013

Marco Roccia
Marco Roccia*
Affiliation:
Kent Law School, The University of Kent, Canterbury, Kent CT2 7NZ, UK. E-mail: [email protected]
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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.

Type
Focus: Rights
Information
European Review , Volume 21 , Issue 1 , February 2013 , pp. 103 - 117
Copyright
Copyright © Academia Europaea 2013

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References

References and Notes

1. The DEI role is defined in the Law on the Council of Ministers of BiH published on 3.12.2002 at http://www.ohr.int/decisions/statemattersdec/default.asp?content_id=28609 and in the Law on Ministers and Other Administrative Bodies of BiH (Official Gazette of Bosnia and Herzegovina, 5/03) at www.ohr.int/ohr-dept/legal/oth…/BH-LAW-ON-MINISTRIES.doc.Google Scholar
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3.Official Gazette of Bosnia and Herzegovina, No. 44/2003. According to para IV, ‘Vertical coordination shall be performed through the European integration coordinator from the entities, Federation of Bosnia and Herzegovina, Republika Srpska and Brčko District of Bosnia and Herzegovina. The European integration coordinators from the entities and Brčko District of Bosnia and Herzegovina shall have the following duties: – Participation in drafting of strategic documents, – Organization of preparation and monitoring of timely meeting of duties and measures defined in the strategic documents, – Continuous contact to the Directorate for European Integrations in relation to all issues related to reporting and exchange of relevant information and data, –Regular gathering of information on entity institutions, Reporting of entity governments and government of Brčko District of Bosnia and Herzegovina on the accession process of Bosnia and Herzegovina to the European Union’.Google Scholar
4.Official Gazette of Bosnia and Herzegovina, No. 66/08. According to Article 2, (Establishment of Organizational Units and Jobs) ‘(1) Ministries, permanent bodies of the Council of Ministers of Bosnia and Herzegovina (hereinafter: the Council of Ministers of Bosnia and Herzegovina) and independent administrative bodies shall define in its rulebooks on internal organizational jobs, departments or similar mechanisms for the performance of duties as referred to in Articles 4–8 of the decision that belong to the competence of the ministry. Duties referred to in Articles 4–8 include coordination within each line ministry where they are established of European integration strategy and policy, European Union assistance instruments/programs, harmonization of legal system of Bosnia and Herzegovina with the Acquis Communautaire, in compliance with the constitutional competence in Bosnia and Herzegovina and translation of the Acquis Communautaire and cooperation with DEI’.Google Scholar
5. Chapter 23 ‘Judiciary and Fundamental Rights’ covers a number of policy areas namely independence of judiciary, anti-corruption policies; data protection; EU citizen's rights (the right to move and reside freely within the EU, to stand as candidates for the European parliament and municipal elections, diplomatic protection from a EU Embassy when they are abroad), fundamental rights as a right to live, and prohibition of torture, freedom of religion, right to education, and free speech, together with minority rights and cultural rights of citizens etc.Google Scholar
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7. Adopted by the Council of Ministers of Bosnia and Herzegovina, in the 82nd meeting held on 2 April 2009.Google Scholar
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42. This information was provided by the Secretary of the JC of BD.Google Scholar
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