State and Religions in Bosnia and Herzegovina and Austria: A Legal Framework for Islam in a European

2019 ◽  
Keyword(s):  
Bosnia And Herzegovina ◽  
Legal Framework

scholarly journals COMPLIANCE OF CORPORATE GOVERNANCE IN BOSNIA AND HERZEGOVINA WITH EUROPEAN UNION STANDARDS

2018 ◽  
pp. 340-355
Keyword(s):  
European Union ◽  
Corporate Governance ◽  
Bosnia And Herzegovina ◽  
Legal Framework ◽  
Regulatory Framework ◽  
Quality Level ◽  
The European Union ◽  
Governance System ◽  
Governance Systems ◽  
Principles And Standards

Corporate governance provides an answer to the question who controls the corporation and how. It involves a set of relationships between management, shareholders and stakeholders. Corporate governance in Bosnia and Herzegovina is within the legal jurisdiction of entities, and consequently there are two substantially aligned and yet completely distinct corporate governance systems, which separates Bosnia and Herzegovina as a state in the international environment into a specific category in terms of corporate governance. This paper will analyze ownership concentration in order to identify the characteristics of the corporate governance systems, then it will present the principles on which the legal framework for corporate governance in Bosnia and Herzegovina is defined, compare the business transparency standards with the transparency directive in the EU, and measure the quality level of corporate governance in order to define key areas for improvement of corporate governance in Bosnia and Herzegovina. The development and characteristics of the corporate governance systems in Bosnia and Herzegovina will be explored and compared with the regulatory framework and standards of corporate governance in the European Union. Special emphasis is on comparing the transparency principles and standards of corporations in Bosnia and Herzegovina with corporations in the European Union. The aim of the research is to compare the regulatory framework and characteristics of the corporate governance system in corporations in Bosnia and Herzegovina with the standards in the European Union, to identify similarities and differences and to define key areas for improvement of corporate governance in Bosnia and Herzegovina.

scholarly journals GEOTOURISM IN BOSNIA AND HERZGOVINA - STATE AND DEVELOPMENT PERSPECTIVES

2018 ◽  
pp. 99-110
Keyword(s):  
Sustainable Development ◽  
Economic Development ◽  
Bosnia And Herzegovina ◽  
Legal Framework ◽  
Local Communities ◽  
Geological Heritage ◽  
Global Level ◽  
The World ◽  
Nature Park

Geodiversity presents overall diversity of relief shapes, processes and the diversity of landscape. It basically consists of geological, geomorphological and pedological diversity. The most interesting for tourism valorisation are karstic areas that cover over 50% of the territory of Bosnia and Herzegovina. When it comes to geoparks, it is necessary to emphasize that such forms of protection have not yet been established in Bosnia and Herzegovina. The European Geopark Network exsist since 2000 and currently there are 140 geoparks in the 38 countries in Europe. Three geoparks stand out in our region; in Slovenia, Idrija and Karavanke (together with part in Austria) and Papuk in Croatia. Their main goals are promotion of geoheritage, protection of geodiversity and support of economic development through geotourism, with the inevitable participation of local communities. In the meantime, this initiative has been raised to a global level by including these areas in the newly adopted UNESCO program - International Geodetic and Geopark Program, which now has over 130 parks in 33 countries of the world. In our country, Blidinje Nature Park and the Protected landscape of Bijambare, have potential for becoming geopark. These parks would be based on promotion of the geological heritage, the geodiversity of the karst zone of Bosnia and Herzegovina, preservation of biodiversity and the protection of specific karst hydrography of this area. The plan for protecting these areas and potential admission to the European geopark network should primarily be based on a new legal framework and a plan that would include sustainable development of geotourism in Bosnia and Herzegovina.

Freedom of Religion in the Workplace

2021 ◽  
pp. 1-21
Author(s):  
Nedim Begović
Keyword(s):  
Human Rights ◽  
Bosnia And Herzegovina ◽  
Case Law ◽  
Legal Framework ◽  
The State ◽  
European Convention ◽  
Freedom Of Religion ◽  
European Court

Abstract The article analyses the case law of the European Court of Human Rights on accommodation of Islamic observances in the workplace. The author argues that the Court has not hitherto provided adequate incentives to the states party to the European Convention on Human Rights to accommodate the religious needs of Muslim employees in the workplace. Given this finding, the author proposes that the accommodation of Islam in the workplace should, as a matter of priority, be provided within a national legal framework. In Bosnia and Herzegovina, this could be achieved through an instrument of contracting agreement between the state and the Islamic Community in Bosnia and Herzegovina.

scholarly journals A LOOK INSIDE COOPERATION BETWEEN PROSECUTORS AND LAW ENFORCEMENT DURING CRIME SCENE INVESTIGATION

2017 ◽  
Vol 7 (2) ◽  
pp. 67-77
Author(s):  
Dževad Mahmutović ◽  
◽  
Berina Huskanović ◽  
Keyword(s):  
Law Enforcement ◽  
Bosnia And Herzegovina ◽  
Criminal Procedure ◽  
Crime Scene ◽  
Legal Framework ◽  
Legal Regulation ◽  
Crime Scene Investigation ◽  
Procedure Code ◽  
Scene Investigation ◽  
Mutual Relations

The paper deals with crime scene investigation as a measure of inquiry, conceptually and substantially, subjects of investigation, as well as their mutual relations. The analysis of the existing legal framework suggests that the current Criminal Procedure Code of Bosnia and Herzegovina offers the appropriate basis for the cooperation between prosecutors and law enforcement. However, previous practice indicates certain shortcomings in the cooperation and coordination between prosecutors and law enforcement. With this paper, the authors wanted to examine the opinions of direct actors on this matter. The results show that they are satisfied with the legal regulation of their mutual relations during investigations, and they express positive opinions in terms of their cooperation. Of course, the possibility of improving that cooperation is also noted, and the methods of achieving it should be identified in further research.

scholarly journals Pesticide monitoring in food in Bosnia and Herzegovina in 2019

2021 ◽  
Vol 854 (1) ◽  
pp. 012027
Author(s):  
Dragan Tomovic ◽  
Armin Colakovic ◽  
Dzemil Hajric ◽  
Slobodan Dojcinovic
Keyword(s):  
Bosnia And Herzegovina ◽  
Pesticide Residues ◽  
Plant Protection ◽  
Plant Protection Products ◽  
Legal Framework ◽  
Control Programme ◽  
Animal Origin ◽  
Pesticide Monitoring ◽  
Active Substances ◽  
Infants And Young Children

Abstract Abstract Pesticide residues in or on foods of plant/animal origin occur as a result of the use of chemical agents in plant protection, biocide preparations and veterinary medicine and may pose a risk to public health. For this reason, a comprehensive legal framework has been adopted in Bosnia and Herzegovina, defining rules for the approval of active substances used in plant protection products, the use of plant protection products and the regulation of maximum permitted quantities of pesticide residues in and on food. In 2019, 195 samples were analysed as part of pesticide monitoring. The control programme carried out the monitoring of residues/remains of 180 active substances in 155 products of plant origin, 30 products of animal origin and 10 products from the category of food for infants and young children. In total, of the 195 samples analysed, 141 samples did not contain pesticide residues at the quantification level, but 54 samples (27.7%) contained pesticide residues in/above the quantification level.

scholarly journals ACTIVITIES ON THE LEGAL FRAMEWORK FOR THE PROTECTION AGAINST THE RADON IN BOSNIA AND HERZEGOVINA

2020 ◽  
Vol 11 (1) ◽  
Author(s):  
Maida Isović
Keyword(s):  
Bosnia And Herzegovina ◽  
Radon Concentration ◽  
Legal Framework ◽  
Working Environment ◽  
Potential Candidate ◽  
Energy Agency ◽  
Radon Exposure ◽  
Eu Membership ◽  
Healthier Living ◽  
Important Activity

The legal framework for the protection against the radon in Bosnia and Herzegovina (hereinafter: BiH) is outdated. It covers the works involved in the practices with ionizing sources but does not clearly defines the activities which could involve NORM. The protection against the radon exposure goes beyond the radiation protection field, since it includes the building codes, the legal framework on air quality, and many other relevant legislations in BiH which now do not include the recommendation on protection against radon. As the BiH is a member of the International atomic energy agency (hereinafter: IAEA) and potential candidate for European union (hereinafter: EU) membership, activities of the State regulatory agency for radiation and nuclear safety (hereinafter: SRARNS), include activities on improvement and extension of the legal framework for protection against the radon exposure, which means the creation of new Regulation on monitoring of radioactivity in BiH. The most important activity concerning 222Rn matter is the national technical cooperation project with the IAEA TC for the cycle 2020-2021. Through this project BiH will gather first comprehensive measurements of the radon concentration from the whole territory in systematic way. The result of this project will help to create a first versions of the database and map radon concentration. The working group, made of the representatives of the relevant institutions, will have to decide which following steps BiH’s government will need to do to enable its citizens healthier living and working environment when it comes to the protection against the radon exposure.

scholarly journals Dayton and post-Dayton concept of the administrative power in Bosnia and Herzegovina: Twenty five years after Dayton Peace Agreement

2020 ◽  
Vol 10 (20) ◽  
pp. 81-93
Author(s):  
Nevenko Vranješ
Keyword(s):  
Bosnia And Herzegovina ◽  
State Level ◽  
Basic Research ◽  
Legal Framework ◽  
Executive Branch ◽  
The State ◽  
Administrative Authority ◽  
Peace Agreement ◽  
Administrative Power ◽  
Dayton Peace Agreement

The Dayton Peace Agreement of 1995 established today's Bosnia and Herzegovina as a multiple, complex, specific, and unique state with international legal subjectivity with regard to state law, constitutional law, and administrative law. As a result, the form of socio-political order such as it exists in Bosnia and Herzegovina is unknown in modern political systems. From the initial minimum competences granted to state-level institutions as regulated by the Dayton Constitution, there have been, over the course of twenty-five years, significant amendments made in this respect. With the intervention of the Office of the High Representative (OHR) into the constitutional and legal framework, and, to a lesser extent, by consensual transfer of jurisdiction from the entity level to the state level, administrative capacities of Bosnia and Herzegovina have been strengthened in organisational and functional terms, thus significantly derogating the respective administrative authority of the entities of the Republic of Srpska and the Federation of Bosnia and Herzegovina. This is accompanied by strong hyperinflation of the administrative bodies and organisations at the state level, mostly of unstable legitimacy, which, along with the existence of administrative structures at the remaining thirteen levels of government, classifies the post-Dayton Bosnia and Herzegovina as a complex, segmented, and dysfunctional state. The subject of this paper is an analysis of the Dayton and post-Dayton conceptions of the administrative power of Bosnia and Herzegovina twenty five years since its establishment. The paper, using methods of qualitative analysis of legal acts, legal exegesis, as well as comparative and axiological methods, and relying on the theories and conceptions of the distribution of competences in a complex state, seeks to present the Dayton and post-Dayton conceptions of the administrative power in Bosnia and Herzegovina from a twenty-five year distance. The basic research hypothesis is that states with complex organisational structure, such as Bosnia and Herzegovina, require decentralised organisational and material structures in the executive branch both from the aspect of functionality and economy and the aspect of their sustainability.

scholarly journals PLEA BARGAININGS FOR WAR CRIMES IN BOSNIA AND HERZEGOVINA: BETWEEN REPENTANCE AND CONSENSUAL JUSTICE

2020 ◽  
Vol VI (1-2) ◽  
pp. 22-60
Keyword(s):  
Bosnia And Herzegovina ◽  
International Criminal Tribunal ◽  
Plea Bargaining ◽  
War Crimes ◽  
Legal Framework ◽  
Corrective Justice ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Advantages And Disadvantages ◽  
Procedural Law

One of the contemporary tendencies in the development of criminal procedural law is the introduction of simplified (summary) forms of criminal procedure, aimed at accelerated resolution of criminal disputes and reducing the number of criminal cases. Among the most common forms of simplified procedure in comparative law are institute of the plea bargaining (plea agreement), which represents a settlement sui generis between the prosecutor and the suspect/accused, under which the prosecutor offers to accused certain procedural benefits in exchange for a guilty plea to committed crime. These benefits, for example, can be reflected in proposing a more lenient qualification of the crime, or withdrawing certain elements in the charge, proposing the imposition of lenient criminal sanctions etc. There are many arguments pro et contra application of the institute in question. It is undoubted that the application of a plea bargaining contributes to a faster resolution of criminal cases and to a reduction of the costs of criminal proceedings, and at the same time such a confession, especially if it is accompanied by sincere repentance, can be a significant satisfaction for victims, etc. On the other hand, the settlement of parties in criminal proceedings can significantly jeopardize the processes of establishing material truth and corrective justice, especially in war crimes criminal proceedings. These paper presents basic information on war crimes prosecutions in Bosnia and Herzegovina and analyzes the legal framework for its implementation, as well as the advantages and disadvantages of a plea bargaining. Statistical indicators were collected and discussed on the scope of the plea bargaining in war crimes committed in Bosnia and Herzegovina, which have been conducted before the International Criminal Tribunal for the former Yugoslavia (ICTY), serbian and german judiciaries, as well as courts in Bosnia and Herzegovina. It was found that about one-quarter of those convicted by the ICTY have previously concluded an agreement with The Hague Prosecution. In addition, the plea bargaining (plea agreement) applies to war crimes cases to a large extent in the courts of Bosnia and Herzegovina, where, interestingly, the scope of its application in relation to these crimes is at the level of the average application of this institute of all crimes prosecuted by the courts in Bosnia and Herzegovina, and is around 10%. The somewhat smaller scope of the plea agreement for war crimes in Bosnia and Herzegovina has been reported by the courts in the Republic of Serbia

scholarly journals Constitutional Basis for the Application of the EU Regulation on Electronic Identification and Trust Services in the Republic of Srpska // Ustavnopravni osnov primjene EU uredbe o elektronskoj identifikaciji i uslugama povjerenja u Republici Srpskoj

2019 ◽  
Vol 9 (9) ◽  
pp. 160
Author(s):  
Siniša Macan ◽  
Siniša Karan
Keyword(s):  
European Union ◽  
Bosnia And Herzegovina ◽  
Legal Framework ◽  
Business Community ◽  
Electronic Business ◽  
The European Union ◽  
Electronic Signature ◽  
Goods And Services ◽  
The Republic ◽  
Republika Srpska

The Constitution of Bosnia and Herzegovina guarantees the right free exchange of goods and services throughout the territory of Bosnia and Herzegovina. In the process of integration into the European Union, Bosnia and Herzegovina and Republika Srpska have committed themselves to adapting their regulations to EU legislation.The exschange of goods and services has switched to the domain of electronic business, by developing Internet technologies. Administration can be viewed through services provided to citizens and the business community. It can be noted that these services can be services that are available to users through different communication channels. The administration can also provide its services according to prencipes on which e-commerce is basedAccording to mentioned above, the European Union, in accordance with the Functioning Agreement, defined through the European regulation of services, services that should make available the common market in each member state of the Union. In addition, the European Union has identified ways of identifying and implementing the services of trust in the market through the adoption of eIDAS regulations, that is, the Regulation on electronic identification and trust services for electronic transactions in the internal market No. 910/14Bosnia and Herzegovina and Republika Srpska have an obligation to adopt legal framework and implement obligations adopted by eIDAS regulations. The Constitution of Bosnia and Herzegovina defines that all governmental functions and powers not expressly assigned to the institutions of Bosnia and Herzegovina are responsibilities of the Entities. Therefore, regulating the electronic services market is the competence of the Entities. Accordingly, the Republic of Srpska has adopted a set of laws that are in line with eIDAS regulations, defining terms that are regulated by eIDAS regulations related to electronic business, electronic identification and trust services.In 2006, Bosnia and Herzegovina adopted the Law on Electronic Signature, using the provisions of the Constitution of Bosnia and Herzegovina that everything that the Entities agree on is the competence of Bosnia and Herzegovina. This law does not comply with eIDAS regulations. The paper describes how to apply eIDAS regulations in the Republic of Srpska and presents the situation in the field of application of the European Service Directive, as well as the ways to fully implement eIDAS regulations and exchange information on trust services and certification bodies with the institutions of the European Union and other Member States.

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