Constitutional Reforms and the Membership in the European Union-the Case of the Republic of Croatia Cover Image

Уставне промјене и чланство у Европској унији на примјеру Републике Хрватске
Constitutional Reforms and the Membership in the European Union-the Case of the Republic of Croatia

Author(s): Tiho B. Džakić
Subject(s): Social Sciences, Law, Constitution, Jurisprudence, Constitutional Law, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Constitution; Constitutional amendments; Membership in the European Union; Institutes of European Union law; Principles of European Union law; European Union institutions;
Summary/Abstract: Joining the European Union membership for each candidate state carries many obligations. One of the obligations is the law harmonization which encompasses not only the harmonization of laws, but also harmonization of the constitution as the highest legal act in a country. The paper analyzes the constitutional provisions that had been changed in the candidate countries before they have joined the European Union, to be in the foreseeable future approached the same or similar changes in the constitutional and legal order of Bosnia and Herzegovina. Considering the shared history that Bosnia and Herzegovina had shared with the Republic of Croatia and the fact that it is a member of the European Union, it seems appropriate that an analysis of Croatian constitutional provisions carried out to identify the most important changes of the Constitution that are related to membership in the European Union. In addition, it was also performed a comparative analysis of the provisions of the Croatian Constitution and the relevant principles and provisions of European Union Law in order to determine their compliance with the explanation of the basic principles and institutions of the EU Law.The paper discusses the following areas: legal basis for membership,the legal basis for the transfer of authority, participation in the institutions of the European Union, the relationship with the legal order of the European Union and the right to citizenship of the European Union. In preparation of this paper was used normative method, dogmatic method, method of analysis and synthesis, deduction and induction, comparative method and the method of compilation. Research shows us that it was necessary to make adjustment of the Croatian Constitution in the process of joining the European Union in a way that certain provisions were interpreted in the light of the new era (the legal basis for membership), and that, on the other hand, certain provisions should be amended.

  • Page Range: 634-647
  • Page Count: 14
  • Publication Year: 2015
  • Language: Serbian