Autore:
Benedetti, Ezio Titolo:
Il principio di "condizionalità" nei processi di allargamento dell'UE: la Bosnia-Erzegovina el il caso Sejdic-FinciPeriodico:
Ordine internazionale e diritti umaniAnno:
2014 - Fascicolo:
3 - Pagina iniziale:
435 - Pagina finale:
453The present contribution aims at analysing a judgement pronounced in December
2009 by the European Court of European Rights related to the case Sejdić-Finci vs Bosnia
and Herzegovina and its consequences on the process of enlargement of EU to this
country. This verdict is still pending and it has not been implemented by the Balkan
country despite a number of solicitations received by the Court and in the last five years. It
is notable how this case – related with the possible participation to presidential elections of
members of other ethnic communities living in Bosnia and Herzegovina, currently
impossible due to current constitutional provisions which allow only Croats, Serbs and
Bosnians to be elected as President of the Confederation – raised a number of issues
related both with Constitutional changes to be implemented by the Balkan’s countries in
the light of rule of law, non discrimination principle and protection of minorities and the
problems Bosnia is facing in its process of adhesion to the EU, represented by a slowdown
of negotiations between Sarajevo and Brussels and by a continuous recalling of the
“conditionality” principle by EU institutions. The mainly formalist approach of the EU to
this issues has as main result a set of problems which are affecting the overall evolution of this country
and the possibility to exit from this “impasse”.
SICI: 2284-3531(2014)3<435:IPD"NP>2.0.ZU;2-S
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