Page 176 - Секретаријат за законодавство
P. 176
3. PREPARATORY WORK
In the process of preparation of national legal acts for transposition of
the European legal acts one should pursue the following procedure:
1. Updating of EU legal acts (check of the EU legal act validity).
2. Comparison of the existing national legislation in relation to the
previously scrutinised content of the EU legal act that is to be trans-
posed. In national legislation – one has to check whether this subject
matter is covered, entirely, partially or not regulated.
- Provided that this subject matter is not regulated, assumption
is made that a new national legal act is to be stipulated that will
stipulate the appropriate subject matter i.e. in which the subject
matter regulated by the EU act will be transposed.
- In cases where national legal norms exist that regulate that
subject matter; comparison is made whether that subject mat-
ter is entirely or partially regulated in the national legal act and
if the manner of regulation and objective of the national legal
norm corresponds to the EU legal norm.
3. Alongside with this procedure it is assessed whether the subject matter
in question is covered by the Stabilisation and Association Agreement
(hereinafter referred to as: SAA) and whether additional regulation of
that subject matter is necessary if it is already covered by SAA.
4. Furthermore, in accordance with national provision it is necessary
to perform impact assessment of the new draft law that is prepared in
the process of transposition of EU law.
5. The National Programme for Adoption of the Acquis (hereinafter
referred to as: NPAA) is a document adopted each year and developed
based on the activities planned by sectoral ministries for the relevant
year in which they propose which laws and bylaws will be adopted or
proposed, and which of them require transposition of certain EU legal
acts. At the same time it is indicated which areas are covered by NPAA
and which EU legal acts are to be transposed.
6. This is followed by revision of the Annual Work Programme of the
Government for the quarters and periods of the current year in which
43