Usklađenost krivičnog zakonodavstva Federacije Bosne i Hercegovine u pogledu zloupotrebe položaja ili ovlaštenja s Mišljenjem Evropske komisije uz osvrt na relevantne odredbe Krivičnog zakonika Republike Srpske
Compliance of criminal legislation of Federation of Bosnia and Herzegovina in relation to Abuse of Office or Official Authority with the Opinion of European Commission with reference to the relevant provisions of the Criminal code of the Rep. Srpska

Summary/Abstract: Bosnia and Herzegovina (BiH) is a signatory to the Stabilisation and Association Agreement, and thus committed itself to take a number of legal and other necessary measures, with the aim of aligning its legislation with the EU acquis, including the Founding treaties and other provisions derived from these Treaties. According to the European Commission opinion on BiH's application for European Union membership, one of the key priorities is to improve the rule of law. This issue is now back in the spotlight, given that the conditional recommendation for BiH's candidacy status to the EU was issued at the beginning of October 2022. The main objective of this paper is to assess whether, and to what extent, the positive criminal law of the Federation of Bosnia and Herzegovina (FBiH), in terms of the criminal offence of Abuse of Office or Official Authority, conforms with the Opinion on BiH's application for EU membership. The paper also discussed the notion of corruption as well as international legal standards in fight against corruption, including the Council of Europe Criminal Law Convention on Corruption and the United Nations (UN) Convention against Corruption. The article also discusses the notion of corruption as well as international legal norms in the fight against corruption, including the Council of Europe (CoE) Criminal Law Convention on Corruption and the United Nations (UN) Convention against Corruption. Given that the new Criminal Code entered into force in the Republika Srpska in 2017, bringing major changes in the field of discrimination related to the said Directive, a review of the relevant provisions of the RS criminal legislation was also conducted.

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