Page 154 - Секретаријат за законодавство

draft legislation the titles of the EU legal acts with which the draft
legislation is being aligned.

This obligation of the Member States arises both from Article 288 of
TFEU and from the texts of the EU directives themselves which in their
Þnal provisions lay down the obligation of the Member States to pro-
vide, on the occasion of the ofÞcial publication of a piece of legislation
implementing an obligation from a directive, a reference to the corre-
sponding EU directive. The manner in which a Member State shall pro-
vide a reference to the corresponding directive is left to the discretion of
the Member States. In any case, such reference must be visible on the
occasion of the ofÞcial publication of such a piece of legislation.

For the purpose of fulÞlling the said obligation in accordance with the no-
motechnical rules and the legal practice in Croatia, the titles of the EU le-
gal acts with which the draft legislation is being aligned must be speciÞed
in a separate article of the Þrst Title (general or fundamental provisions)
of the draft legislation in question. As a rule this is done in Article 2.

When referring to the EU legal acts, it is recommended to include
the standardised wording in a separate article of the draft legal act.
In the case of directive the wording would be: “This Act (ordinance,
regulation, decision or some other subordinate piece of legislation)
transposes provisions of the Directive…“. In the case of regulation the
wording differs, because it is not the transposition: “This Act regulates
the implementation of the Regulation …” or “This Act establishes the
responsible institution and their competences for the implementation
of the Regulation …”.

2. POLAND

Institutional framework and law-making process

No document can be submitted for adoption of the Council of Min-
isters unless it is included in the Annual Programme of work of the
Council of Ministers. Legislative initiatives aiming at fulÞlling obli-
gations related to EU membership are inserted in a speciÞc part of the
annual programme entitled “C-implementing EU law”. For each indi-
vidual measure the annual programme provides for a short description
and the envisaged date of adoption by the Council of Ministers.

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