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
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 based
According 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. 910/14
Bosnia 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.