Page 178 - Секретаријат за законодавство

• Individuals should be able to invoke those rights before the
national courts;

• National transposition measures should use the same form of le-
gal instruments for transposing EU legal act as used for regulating
the same issue in that Member State without the EU instrument;

The important part in the national transposition measure is the chapter
on entering into force of national legal act which is depending on eco-
nomic development, social interest as well as administrative capacity
for implementation. For the countries in the process of accession to
the EU certain parts or provisions of law could come into force in later
stage. Also for some laws it is possible to envisage that they will as a
whole enter into force only after full membership in the EU.

Here are some of the examples of the formulation of the provisions
of EU legal acts which require obligatory actions and national imple-
menting measures from the Member States:

1. „Member States must …” ,
2. „Member states shall …”,
3. „Member States ensure …”,
4. „Member States encourage …”,

5. „Member States take necessary measures. . .”
6. „Member States promote . . .”
7. „Member States do not apply . . . „

There are also provisions which do not require transposition. Those are:
provision conferring obligations to EU institutions (obligation to pre-
pare report, establish committee, and start the review of directive); pro-
visions regulating procedural aspects (notiÞcation, repealing old direc-
tives); provisions on derogations for speciÞc Member States; provisions
on transitional periods for implementation which have already passed.

There are different transposition techniques that could be used in the
process of legal approximation.

Logical transposition with reformulation means transposition in own
words and preserves the domestic legal tradition, domestic terminolo-
gy and domestic drafting techniques. For example, most of directives

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