UDC 656.7:340.137(4-672EU:497.11)
Biblid: 1451-3188, 20 (2021)
Vol. 20, No 75, pp. 21-42
DOI: https://doi.org/10.18485/iipe_ez.2021.20.75.2

Оriginal article
Received: 31 Jan 2021
Accepted: 05 May 2021

HARMONISATION OF THE LEGISLATIVE SYSTEM OF THE REPUBLIC OF SERBIA WITH THE LAW OF THE EUROPEAN UNION IN THE FIELD OF CIVIL AVIATION

ARSIĆ BOGDANOVIĆ Irena (Supervizor podrške za predstavništva u inostranstvu u Air SERBIA), irenararsic@yahoo.com

The “terms approximation” and “harmonisation” of national legal systems have been used carefully since the very beginning of the creation of the Community. The term harmonisation is a necessary precondition for harmonising the legal systems of different countries at the highest possible level. The reason for the harmonisation of legal systems lies in the basic need for the establishment or functioning of the common market, which is one of the main pillars of the Community. The legal basis for harmonisation for the EU Member States may be sought in the provisions of Articles 3 (f) and 94 of the Treaty establishing the European Community. Following the establishment of the single European aviation market and the expansion of air traffic in a liberalized market, the EU has developed a foreign aviation policy based on the accession of third countries to the European Common Aviation Area (hereinafter ECAA), provided that national legislative systems comply with EU regulations. For the Republic of Serbia, which is not a member of the EU, the harmonisation of national regulations with EU law is part of the overall strategy for joining the EU. The Stabilisation and Association Agreement entered into force on 1 September 2013, giving Serbia the status of an EU associated state. The transport policy and harmonisation of aviation laws with the acquis communautaire was provided for in Chapter 14. The two most important obligations our country has undertaken are establishing a free trade zone and harmonising legislation with EU law. The process of harmonisation of the legislative system of Serbia with the EU law in the field of civil aviation has been going on for almost 15 years through the process of accession to the ECAA. The question remains whether efforts to harmonise all aspects of air traffic will bring economic and social benefits to Serbia as well.

Keywords: Single European Aviation Market, Common European Aviation Area, ECAA Agreement, air transport liberalization, harmonisation of the legislative system with EU law, implementation of European regulations contained in Annex I of the ECAA