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University of Bussines Studies , Banja Luka , Bosnia and Herzegovina
The legislative competence of the European Parliament and the Council of the European Union, on the one hand, and the very active role of the Court of Justice of the European Communities in law-making, on the other hand, clearly indicate that a specific, mixed legal system of state regulation is emerging in the European Union. It is evident that in continental Europe, through community law, and especially through the practice of European courts, legal rules from the Anglo-American area are gradually penetrating. We are witnessing the convergence of different legal systems and the gradual denationalization of law, which should lead to a higher degree of legal unity, and in the opinion of many authors, the creation of a new us commune europium. The European Court of Human Rights and the Court of Justice of the European Communities could play a special role in harmonizing rights. The practice of these courts could serve as a guide for national courts facing many problems, primarily concerning the complementarity of the acquis Communautaire, which is proceeding too quickly and with farreaching consequences for the legal, economic and social stability of many countries and the European Union.
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