Page 177 - Секретаријат за законодавство

in its Þnal provision prescribe that Member States shall lay down pen-
alties for infringements of national provisions adopted in application
of this directive, and shall take all necessary measures to ensure that
these are enforced. These penalties must be effective, proportionate
and dissuasive. This provision can be transposed in national legal act
in accordance with national rules on penalties.

Literal transposition or word by word transposition is a copy paste method
which ensures full and precise compliance. Although directives are bind-
ing to the result to be achieved, but leave to the national authorities the
choice of form and methods, in many cases the transposition means literal
transposition of the directive’s provisions in national provisions. This re-
fers to the deÞnitions and different detailed technical parts of directive.

In some rare cases in some Member States there is a possibility of
transposition by reference to the relevant parts of a particular EU legal
act (e.g. large technical annexes to the directives - in domestic law
we just refer to this annex and do not repeat all data). Still not many
Member States used this technique taking into account that it is ques-
tionable from the constitutional point of view.

Two Þnal phases in the process of legal approximation are the imple-
mentation and enforcement of the national laws transposing EU Acquis.
Implementation requires not just adoption of the new laws or amendments
of the existing laws in the Parliament or bylaws on lower level, but also
their adequate application in practice and management of their effect over
the existing institutional infrastructure. The implementation may require
establishment of new institutions (e.g. different regulatory agencies) or
strengthening the capacities of existing ones. For that, there is a need
to take into account possible Þnancial resources necessary for training,
employment or equipment of new or existing institutions and their staff.

After adoption of legal acts the necessary measures for monitoring,
surveillance, inspection controls, penalties and judiciary measures
must be put in place to ensure that the law is fully enforce. The full
approximation is achieved when the laws are being complied fully
and properly and the performance of sectoral policy is improved. Only
track record of enforcement can prove the credibility of reforms and
successful process of legal approximation.

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