VITALNI INTERES ENTITETA KAO MEHANIZAM BLOKADE BOSNE I HERCEGOVINE NA PUTU EUROATLANSKIH INTEGRACIJA
THE VITAL INTEREST OF THE ENTITY AS A MECHANISM OF THE BLOCKADE OF BOSNIA AND HERZEGOVINA ON THE ROAD OF EURO-ATLANTIC INTEGRATION

Summary/Abstract: The article discusses the issue of using the entity’s vital interest; term, that is, a legal institute that is relatively unknown in legal terminology, and at the same time determines according to this legal institute, which in the last few years has been used several times by the members of the Presidency of Bosnia and Herzegovina in the sense of referring to it, mostly in matters concerning foreign policy of Bosnia and Herzegovina. The article points out the cases from which it is noticeable that the issue of the entity’s vital interest appears as a way of preventing the conduct of the foreign policy of Bosnia and Herzegovina, and in this sense it is indicated that this legal institute becomes a means through which the entities strive to secure for themselves international legal subjectivity and at the same time to devalue this subjectivity to the state of Bosnia and Herzegovina, if not to completely abolish it. If the previous practice of using the entity’s vital interest is observed in this way, then the question of controlling the (mis)use of this new and unknown institute arises. In fact, due to the fact that the Constitution of Bosnia and Herzegovina does not define in its provisions what is considered a vital interest of the entity, nor does the highest legal act even hint at what could be considered such an interest, the question necessarily arises whether it can and if it can, which institution and in what way it should prevent possible abuses of using the entity’s vital interest. The inevitability of controlling the use of the entity’s vital interests is inversely proportional to the possibilities of abuse, especially in terms of Bosnia and Herzegovina’s intentions and commitment to Euro-Atlantic integration. Foreign policy is an issue within the express jurisdiction of the institutions of Bosnia and Herzegovina and cannot be limited and especially transferred to other levels of government in Bosnia and Herzegovina, unless the entity levels of government agree on it in the manner provided by the Constitution of Bosnia and Herzegovina.

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