DIHOTOMIJA I KOGNITIVNA KAUZATIVNOST DOSADAŠNJEG SISTEMA UPRAVNOG ODLUČIVANJA U BOSNI I HERCEGOVINI
DICHOTOMY AND COGNITIVE CAUSALITY OF THE CURRENT SYSTEM OF ADMINISTRATIVE DECISION - MAKING IN BOSNIA AND HERZEGOVINA

Summary/Abstract: The philosophical concept originating in Germany, as developed by Max Weber, which emphasizes the most efficient realization of the rationalization of law and the functioning of the rule of law, is fully expressed through the phrase "rule of law and legal state.” This concept has been validated even in contexts where the typology of law and the diversity of legal and political systems provide a conceptual framework for analytically distinguishing between European and Anglo-Saxon law, which have emerged and evolved under different historical circumstances. The main characteristic of the emergence and development of public administration in the European Union is that it is not established through doctrinal or legislative means but primarily through the administrative-judicial practice of the European Court. Consequently, the literature emphasizes that the administrative law of the European Union develops primarily through case law. The developmental characteristic of the EU's administration relates to the broad categorization of EU community law into two groups of regulations: 1. The first group consists of regulations governing organizational and constitutional legal issues. By their nature, these norms are comparable to the norms of constitutional and administrative law within the domestic laws of member states. 2. The second group includes norms related to the establishment and functioning of the common and internal shield (loosely referred to as the commercial or trade law of the European Union).

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