Rule of Law: Prevention and Promotion in Bosnia and Herzegovina and the European Union

Abstract

The article presents the concept and origin of the ideal rule of law in the theory of law and the characteristics that depend on the quality of positive law. The welfare of the rule of law depends on law and accomplishment in human affairs. Emphasis is also placed on the practical concept of universal values and application at the national and international levels. The central thesis is that the rule of law needs to be strengthened through preventive and promotional measures as a constitutional and common European value. The reason for that is the high degree of distrust of citizens in the rule of law and specifically in the judicial system of Bosnia and Herzegovina. A weak justice system poses a risk to the rule of law and democracy. This is the cause of instability of society, lack of protection of human rights and fundamental freedoms, lack of support in socio-economic development, fight against corruption, investment, and legal security. Consequently, we are far from making progress in achieving European standards and meeting the obligations of the Stabilization and Association Agreement. In stable systems, reforms strengthen citizens' trust in their institutions. There is no such leading force in the reform processes and responsibility toward the citizens of Bosnia and Herzegovina. The challenges for the rule of law in Bosnia Herzegovina that we are failing to deal with are justice in the service of citizens, the right to justice and a safer environment for the rule of law, ensuring integrity, efficient and independent judiciary, and weaknesses in the constitutional framework. At the EU level, respect for the rule of law is a shared responsibility of the Union's institutions and the Member States. The European Commission has prepared a review of the rule of law with measures to further strengthen it, especially in those Member States where weaknesses have been identified.