Preliminary communication

Europeanisation of Bosnian and Herzegovinian Company Law in the Absence of a Common Legal and Economic Environment

Emir Sudžuka orcid.org/0000-0002-6108-1065 ; Faculty of Law, International University of Sarajevo, Sarajevo, Bosina and Hercegovina
Maja Pločo orcid.org/0000-0002-0633-682X ; Faculty of legal sciences at the Business law department, “Vitez” University, Vitez, Bosina and Hercegovina

Abstract

Bosnia and Herzegovina regulate the area of business law in a more or less harmonized way at different levels of authority, because of the specifi c constitutional order. The minimum number of regulations is at the state level because of the competence of the entities for regulation in this area. Substantive provisions on the status of companies are in the jurisdiction of entities of the Federation of Bosnia and Herzegovina, Republika Srpska and Brčko District. Procedural regulations governing the procedure for establishing a company are also adopted at the entity
level, but, there is the Framework Law on the Registration of Business Entities at the national level, which stipulates the obligation of harmonization of procedures in the entities to their procedural rules. Agreement on Stabilization and Association of Bosnia and Herzegovina
with the European Union came into force in 2015, and started some reforms with the aim of harmonizing the legislation of Bosnia and Herzegovina with the EU acquis. That will certainly
be a long and complicated process due to the absence of a single legal and economic space in Bosnia and Herzegovina, which is reflected primarily in the fact that competence in some crucial areas is granted to entities which results in a signifi cant number of laws. Regulations are
often different and prevent subjects to set up companies under the same conditions and operate in the entire territory of Bosnia and Herzegovina. The paper analyzes the segments of the legislation of Bosnia and Herzegovina in the field of company law, and in particular different solutions in the entity regulations and the potential difficulties that may arise in the process of harmonization of this area with the EU acquis. Based on the analysis, the author provides an evaluation of how the legislation of Bosnia and Herzegovina is ready to participate actively in the process of harmonization of national laws in this fi eld with the acquis.

Keywords

companies; establishment; harmonization; Europeanization; integration

Hrčak ID:

183853

URI

https://hrcak.srce.hr/183853

Publication date:

30.6.2017.

Article data in other languages: bosnian

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