EU INTEGRACIJSKI PROCES I BOSANSKOHERCEGOVAČKA LEGISLATIVA / NORMATIVE FUNCTION OF THE STATE VS. EU INTEGRATION PROCESS

Abstract

The authors in this paper analyzes one segment of a legal, grosso modo, business system of BiH. The authors makes this through realization of the normative function of the state. The basis of the approach is found in the observation of the main determinants of the system: ownership transformation and European integration processes. The Constitution represents the starting point of analysis, on which lean the privatization regulations, with clear reflections on other regulations. The authors, at the same time, points out at the special importance of the complete introduction of standard functions of the state. Building a domestic system depends, to a large extent, on the integration process, the beginning of which refers to the Free Trade Agreements (2000), then the conclusion of CEFTA, the signing of the Stabilisation and Association Agreement and implementation of the Interim Trade Agreement (2008). The creation of a normative image in BiH is being influenced by a number of factors: inadequate approach in adopting legislation, frequent changes of legislation, non harmonized entity norms, and slowness in adopting certain laws. The consequence of this is the non functionality of the legal system, legal uncertainty, with implications to the realization of fundamental human rights and freedoms, and unfair competition which affects domestic business entities. Current situation is, among other things, contributed by the process of deinstitutionalization that has its background in the unwillingness to accept the fundamental social, legal and business standards.