Page 153 - Секретаријат за законодавство

Decisions on which measures should be included in the annual pro-
gramme are made by the Board for Programming of work of the Council
of Ministers. It is chaired by the Head of the Chancellery of Prime Min-
ister and consists of the Deputy Minister of Finance, Deputy Minister of
Economy and Deputy Minister of Foreign Affairs (MFA). The decision
of the Board is based on a regulatory test presented by the ministry – au-
thor of the proposed measure. The regulatory test contains a preliminary
impact assessment, a short explanation of how the proposed measure
will ensure fulÞlment of obligations resulting from EU law and a de-
scription of similar practices in other EU Member States. If the regula-
tory test does not sufÞciently take into account the obligations resulting
from EU law or if the proposed deadline for adoption of the planned
measure by the Council of Ministers would lead to failure to meet the
deadline of transposition of an EU directive, the proposal is returned to
the relevant ministry and appropriate recommendations are formulated.
The requirements with regard to the legislative procedure conducted by
the government are laid down in the Rules of procedure of the Council
of Ministers. Some of the obligations set out therein relate directly to the
process of transposition of EU law and are designed to streamline this
process. One of the advancements introduced in the Rules of procedure
is the requirement that the preparation of the proposal must be launched
at the time which takes into account deadlines for transposition or exe-
cution of EU law. Besides, the Rules stipulate that before each stage of
the procedure the proposed draft must be accompanied by:

- statement on conformity with EU law (In practice, it is a short
information in the explanatory memorandum which declares
that the draft is in line with EU law);
- opinion on compliance with EU law issued by MFA;
- correlation table and “reversed correlation table” (This obliga-
tion concerns only proposals intended to implement EU law);
- explanation on the date of entry into force of the proposed act
(In particular, it must be explained whether the transposition
deadlines have been taken into account);
- information on obligation of notiÞcation of technical provisions
(The author of the proposal must explain in the explanatory
memorandum whether the obligations resulting from Direc-

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