Legal Capacities of the Dayton Constitution in the Process of Accession of Bosnia and Herzegovina to European Union


  •  Zlatan Begic    

Abstract

The central part of this paper is concerned with the possibilities of the Dayton Constitution in the process of accession of Bosnia and Herzegovina to European Union. At the first place, this paper contains an analysis of the legal power of the general principles of international law in the constitutional system of Bosnia and Herzegovina, in particular, the pacta sunt servanda principle which has significant importance, in legal sense, for implementation obligations deriving from the international agreements related to European integration. In this regard, it should be emphasized that Article III/3b of the BH Constitution implicitly refers to the obligatory implementation of the aforementioned principles. In terms of commitments deriving from the European integration process, this paper also includes an analysis of the other constitutional possibilities for harmonization entity legislation and establishment integrated state frame and functional unified single market on the territory of Bosnia and Herzegovina.


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