MIGRACIONE REGULATIVE NASUPROT SLOBODAMA TRANSPORTNOG TRŽIŠTA: PRAVNI STATUS PROFESIONALNIH VOZAČA IZ ZAPADNOG BALKANA U MEĐUNARODNOM CESTOVNOM TRANSPORTU U EVROPSKOJ UNIJI / MIGRATION REGULATIONS VS. TRANSPORT MARKET FREEDOMS: THE LEGAL STATUS OF PROFESSIONAL DRIVERS FROM THE WESTERN BALKANS IN EU INTERNATIONAL ROAD TRANSPORT

Abstract

International road transport between the European Union and the countries of the Western Balkans is facing increasing regulatory challenges that affect the mobility of professional drivers. Although the European Union promotes the principles of a free market and the free movement of goods, the application of migration regulations, particularly the 90 days within a 180-day period rule, creates legal and operational uncertainty for drivers from non-EU countries. This undermines equal conditions in the transport services market and the efficiency of international logistics flows, thereby negatively affecting overall mobility within the transport system. The research analyzes the legal framework and institutional practices regulating the status of professional drivers in international transport, with particular focus on Bosnia and Herzegovina. The methodological approach is based on the analysis of European and international regulations (CEMT permits, TIR and CMR conventions), as well as a comparative analysis of regulatory practices in the countries of the region. Special attention is also given to the historical experience of organizing international transport within the former Yugoslavia as a potential reference model for regional institutional cooperation. The results indicate the need for a clearer normative distinction between the migration status and the professional engagement of drivers in international transport, as well as the importance of a coordinated regional approach and alignment with international transport standards in order to ensure equal conditions for operation in the international transport market.