Политика интегрисања у Европску унију и трансформација правног система држава кандидата/потенцијалних кандидата
The Integration Policy to the European Union and Transformation of Legal System of Candidate/Potential Candidate Countries

Author(s): Duško Glodić
Subject(s): Law, Constitution, Jurisprudence, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Acquis of the EU; EU Law; Harmonization of the legal system; Enlargement policy; Integration programme; International organizations; Regional Organizations;
Summary/Abstract: The harmonization of legal system of a candidate/potential candidate country with the EU legal system is one of key activities taken into account while assessing fulfillment of EU accession criteria. The integrationist political orientation of a candidate/potential candidate country represents a factor leading to transformation of its legal system with a view of aligning it to the EU Acquis. The integration policy is based on interaction among a number of subjects: a candidate/potential candidate country, on the one hand, and the EU and its Member States, on the other hand, and it implies at least two dimensions. The first dimension is the national dimension of the integration policy developed by the candidate/potential candidate country’s authorities. This dimension is reflected by the national accession policy. The second dimension is developed by the EU institutions and reflects its enlargement policy as defined in the founding treaties of the EU and its institutional practice. The article explains political and legal tools for implementation of these policies. Particular attention is paid to political documents establishing integrationist political orientation and programming documents used for conduct and monitoring of the harmonization process adopted by the candidate/potential candidate countries.The article discusses influence of the integration policy on the legal system of a candidate/potential candidate country, emphasizing that th eintegrationist political orientation pre-determines the will related element(subjective element) of the law creating activity. This pre-determination is done in such a way that relevant authorities of a candidate/potential candidate country, while exercising their law-creating competencies, follow normative solutions contained in the EU Acquis in order to transpose them into the municipal legal system. Due to the obligation to transpose the Acquis into the municipal legal system, the will of a national law-maker is made subject to the EU legal system and the choice of a normative approach can be made only within the Acquis. The article argues that this point is central in the transformation of a candidate/potential candidate country’s legal system and its internal dynamics.

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