Određivanje mjerodavnog prava za saobraćajne nezgode u pravu Bosne i Hercegovine i Evropske unije
Determining the Applicable Law on Traffic Accidents under the Legal Framework of Bosnia and Herzegovina and the European Union

Summary/Abstract: This paper examines the issue of determining the applicable law in cases of road traffic accidents with an international element, with a particular focus on the relationship between the Hague Convention on the Law Applicable on Traffic Accidents of 4 May 1971 and Regulation (EC) No 864/2007 on the law applicable to non-contractual obligations (Rome II). By applying the comparative law method and normative analysis, the paper explores the theoretical foundations and practical implications of key conflict-of-law solutions such as lex loci delicti, lex loci damni, and lex stabuli, including habitual residence, escape clause and the principle of limited party autonomy. The analysis highlights differences in the conflict-of-law mechanisms of the two instruments and identifies both normative and practical inconsistencies, especially in the context of their application in Bosnia and Herzegovina. Special attention is given to case law and the current legislative framework, emphasising the need for its reform and alignment with the EU acquis. In conclusion, the paper offers de lege ferenda proposals aimed at improving legal certainty and predictability in crossborder tort disputes, as well as ensuring a more consistent application of conflict-oflaw rules before domestic courts.

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