Page 152 - Секретаријат за законодавство
P. 152
tive 98/34/EC of the European Parliament and of the Council of
22 June 1998 laying down a procedure for the provision of infor-
mation in the Þeld of technical standards are applicable or not).
In addition, the Procedure on transposition of the EU law (adopted by
CEA) provides for a detailed description of tasks of all the entities in-
volved in the transposition of EU law in Poland. It also describes pre-
cisely the consecutive steps up to the promulgation of the adopted acts in
the Journal of Laws and their notiÞcation to the European Commission
in the database for the notiÞcation of national implementing measures.
The law-making process with regard to implementing EU law in Po-
land can be outlined in the following way:
In general, a draft law must be preceded by an outline (concept) which
explains the subject matter and the exact scope of the planned legisla-
tive act. The outline undergoes all the stages of the legislative proce-
dure until it is adopted by the Council of Ministers. Only then the line
ministry and/or the Government Legislation Centre may proceed with
drafting the actual proposal of law.
Once a legislative proposal is drafted, it is submitted for inter-minis-
terial consultation. This also includes submission to the Ministry of
Foreign Affairs (MFA) for scrutiny regarding their compliance with
EU law. On the basis of the compliance check MFA issues its opinion
on compliance with EU law. The opinion on compliance with EU law
is issued at all the consecutive steps of legislative procedure as well.
Next, the proposal is submitted to the Committee for European Affairs
(CEA). CEA settles disputes or doubts that may arise over provisions
contained in the proposal and adopts the Þnal version of the propos-
al. The remaining contentious issues of a domestic nature are left for
the following stage of the procedure: review of the proposal by the
Committee of the Council of Ministers (CCM). After the proposal is
adopted by CCM, it is then presented to the Government Legislation
Centre which ensures the coherence of legislative proposals with the
Polish legal system and their legislative accuracy. As a Þnal stage, pro-
posals for regulations of the Council of Ministers as well as proposals
of laws are presented to the Council of Ministers for formal adoption
or approval. Proposals of laws (bills) are then submitted to Parliament.
67