Page 159 - Секретаријат за законодавство

Second approach, that is mostly used, is that some provisions of di-
rective are transposed in the law (deÞnitions, provisions setting new
rights and obligations for the natural of legal persons, prescribing new
responsibilities to institutions), and other more technical parts are
transposed in the by-laws adopted by the Government (regulation) or
minister (ordinance). An example is the Directive 2001/83/EC of the
European Parliament and of the Council of 6 November 2001 on the
Community code relating to medicinal products for human use has
been transposed in the Law on Medicinal Products (OG 76/13, 90/14)
and other ordinances adopted based on this Law.

Furthermore, there is a situation that one framework law is transposing
more than one directive into national law, some fully and some only
partially. In this case, the responsible line institution has to prepare
the tables of concordance for each EU legal act, showing precisely
which provisions of this law transpose the provisions of directives;
which provisions are fully transposed, and for which the additional
legal measure have to be passed.

The Labour Law (OG 93/14) transposes 15 directives, some of them
fully and some only partially. For example, the Directive 2008/104/EC
of the European Parliament and of the Council of 19 November 2008
on temporary agency work is fully transposed in that Law. On the other
side the Directive 2006/54/EC of the European Parliament and of the
Council of 5 July 2006 on the implementation of the principle of equal
opportunities and equal treatment of men and women in matters of em-
ployment and occupation was only partially transposed in the Labour
Law. It is transposed by other legal acts, like Law on Anti-discrimina-
tion (OG 85/08, 112/12), Law on gender equality (OG 82/08) etc.

In this kind of case when the directive falls in the competence of dif-
ferent line institutions, each transposing some parts of the directive,
and several tables of concordance are prepared referring to the other
legal instruments by which full alignment is to be achieve, it is very
difÞcult to monitor the transposition and check full compliance with
EU law. The MFEA can approve instruments for legal approximation,
only if they guarantee that full compliance is or is to be achieved, and
if the tables of concordance fully correspond to each other.

60