Page 134 - Секретаријат за законодавство
P. 134
draft legal act, among others, it should be taken into consideration that
they have to be consistent with the reasons indicated in the correlation
table. Namely, if, in the correlation table, for a provision of the EU legal
act it is indicated as “not to be transposed” in the draft legal act (since
the said provision has been already transposed or it will be transposed in
another national legal act, or there is no need for its legal regulation), or
“not relevant for the Republic of Macedonia” (since the said provision
establishes obligation only for the EU Member States), the same is in-
dicated in the Statement on the Approximation as one of the reasons for
partially approximated draft legal act with the EU legal act.
3.4. Approximation with the other sources of the EU law
Titles of the other sources of the EU law are cited that refer to the nor-
mative content of the draft legal act.
The rulings of the European Court of Justice, international agreements
concluded between EU and other states and international organisations,
international agreements between the EU Member States and the legal
acts of the Council of Europe relating to the normative content of the
draft legal act fall under other sources. Due to complementary action of
the European Union and the Council of Europe, certain EU legal acts
are a requirement for accession in the European Union. In relation to the
rulings of the European Court of Justice, the proposer should initially
deÞne whether the European Court of Justice has ruled on the provisions
of primary or secondary sources of the EU law with witch the draft legal
act is approximated, and if so, the proposer should take into consider-
ation and indicate those rulings. Texts of the rulings of the European
Court of Justice are available on the following e-mail address:
http://curia.europa.eu/jcms/j 6/
The rulings are cited as follows: full number of the case that has been
ruled, name of the party in the case, and if possible, the number of the
report of the European Court of Justice in which it is published with its
CELEX number. (European Court Reports) E.g. Case 145/88 Torfaen
BC v B&Q plc ([1989] European Court Reports, pg.3851).
Regarding the Council of Europe legal acts, proposers of legal acts in par-
ticular legislative areas (Chapters under NPAA), must consider the relevant
85