European ‘Dis-integration’ in Bosnia and Herzegovina: A Critical Reflection on Legal, Administrative and Political Obstacles Affecting the Approximation of Chapters 23 and 24 of the Acquis Communautaire

Several pieces of legislation have been enacted with a view to regulating the European integration process in Bosnia and Herzegovina. A plethora of bodies are in charge for approximating the EU acquis. However, the stabilisation and association process in the field of justice related matters has not proceeded as planned due to the existence of at least four legislatures for the Justice Sector and 14 Ministries of Justice (MoJs) whose competences and tasks are not well delineated. This article focuses on the specific issues affecting the transposition of Chapters 23 (Judiciary and fundamental rights) and 24 (Justice, freedom and security) of the EU acquis. Based on the analysis of existing legislation and administrative structures and meetings with local officials and foreign donors, the author argues how, for an effective legal approximation process, a review of the current allocation of competences among State, Entities, BrÄ ko District and canton level cannot wait. After drawing comparisons with regional best practices in the field of European integration and illustrating the complex constitutional framework of the country, the administrative and legislative obstacles characterising the approximation of domestic legislation with European standards in the field of Justice and Home affairs are explained. The author concludes by offering a set of solutions to overcome the current situation.