Место ССП у правном систему придружене државе са освртом на Дејтонски мировни споразум и Устав БиХ
State of the SAA in the Legal System of Associated Countries with Reference to the Dayton Peace Agreement and the Constitution of Bosnia and Herzegovina

Author(s): Radovan D. Vukadinović
Subject(s): Constitutional Law, Governance
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Stabilization and association agreement;Harmonization;Implementation;Direct applicability;Direct effect;Constitution;Interpretation;
Summary/Abstract: By entering into the force on 1 June 2015, SAA has opened a series of theoretical and practical issues. Determination of the place of the SAA in BiH law is “challenging” for at least two reasons. First, because the Constitution of Bosnia and Herzegovina, regardless of what it represents part of the international (peace) agreement, does not regulate the hierarchical place of international agreements (and SAA) in domestic law. Therefore, on the nature and place of the Agreement can only speak based on practices of the Constitutional Court and legal theory. In current practice, the Constitutional Court has recognized the direct application and primacy only international agreements on the protection of human rights. In the legal theory there is opinion on recognition of direct effect and other ratified international agreements. Another reason is the fact that, according to internal law and the Act on the conclusion and implementation of international contract, for the implementation of the majority of the tasks under the Agreement accountable entities.

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