HOW NOT TO DO EUROPEAN INTEGRATIONS: BOSNIA AND HERZEGOVINA AND LEGAL CHALLENGES IN ACCESSION PROCESS TO EUROPEAN UNION

Abstract

Background: Bosnia and Herzegovina, with its complex constitutional and legal system, is facing many difficulties in its progress toward European Union membership. These challenges have been worsened by political instability, exacerbated by geopolitical shifts in Europe following Russian aggression on Ukraine. Legal complexities in the constitutional order of Bosnia and Herzegovina are often used to halt the country's progress and divert it from its European trajectory. This article analyses the specific instances of very unfavourable legal solutions that are hindering the EU accession process, as well as the recommendations put forth by the EU Commission aimed at removing these legal obstacles. There is an urgent need for reform of constitutional and legal rules to enable the country to effectively continue its EU accession path. The importance of the EU membership perspective for Bosnia and Herzegovina extends beyond simply joining a desirable club of prosperous countries; the reforms required during the EU accession process are needed to strengthen the efficiency of state institutions and secure lasting peace in the country and region. As such, the urgency and potential impact of these proposed legislative changes cannot be overstated. Methods: The research primarily employs a combination of analytical, normative, and comparative methods to examine the legal system and chronology of the integration process. The legal historical method is also used where appropriate. The research focuses on the content of constitutional norms, relevant legislative acts in Bosnia and Herzegovina, and legislative acts of the European Union and other countries. These legislative acts are compared with EU recommendations and legislation from other EU member states to identify the discrepancies. The article provides an overview of the legal framework governing EU integrations in Bosnia and Herzegovina, including norms of international law, constitutional law, national legislation, and EU law that are negatively impacting the EU accession process, and offers certain recommendations for their improvement. Results and conclusions: The research has identified certain norms of constitutional and legislative origin in the legal system of Bosnia and Herzegovina that are harming the country's ability to effectively engage in the EU accession process. Through a normative approach, the article gives recommendations for their improvement, which are in line with the standards set by the institutions of the EU. Amending these problematic legal frameworks would remove their use as political tools aimed at halting the country’s progress in the EU integrations.