Постоји ли потреба за хармонизацијом права привредних друштава у Босни и Херцеговини?
Is There a Need for Harmonization of Company Law in Bosnia and Herzegovina?

Author(s): Dijana Marković-Bajalović
Subject(s): Civil Law, Law on Economics, EU-Legislation
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Companies;Harmonization;Bosnia and Herzegovina;European Union;
Summary/Abstract: Entities of Bosnia and Herzegovina possess autonomy in the sphere of regulation of legal status of companies and other business organizations. Existing legislation is featured by deep differences in regimes for establishment and governance of companies, predominantly resulting from imitation of legislation of different neighboring countries, i.e. Serbia and Croatia, and influence of foreign experts involved in process of legislation drafting. The BH Constitution declares the principle of freedom of movement of goods, people, services and capital. Realization of the principle presupposes some degree of harmonization of the entire commercial legislation and, logically, the legislation on companies. The author first analyses the process of harmonization of the company law in the EU countries, which had been necessary for creation and functioning of the EU internal market and realization of four basic freedoms. The analysis helps making useful conclusions on the necessity of the process and its extent. The author then quotes arguments pro and contra harmonization and concludes that the process did not bring significant results. Nevertheless, the process has not been discarded. It advances step by step, by making agreement among member states and the EU organs on the possible way of regulation of certain issues which are considered significant for the functioning if the single market. In the second part of the article the author analyses the most significant differences in company laws of three BH entities. The need for harmonization of company law in Bosnia and Herzegovina has not been recognized by the authorities on the level of entities and on the BH level, although it is evident that harmonization of rules on establishing of companies and their governance would help improving the legal protection of investors and the overall business climate in Bosnia and Herzegovina.

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