Page 180 - Секретаријат за законодавство

Preparatory stage includes series of technical activities including identiÞ-
cation, distribution and presentation of relevant EU legal acts in force in
particular areas. The phase should also include the identiÞcation of existing
national legislation in this policy area and identiÞcation of responsible in-
stitutions. Already in this initial stage the drafters should have the clear idea
about the objective that is to be achieved by the process of transposition of
EU law. Is it the priority from the National programme for the adoption of
EU Acquis, and which level of harmonisation is intended to be reached.
Analytical stage of legal approximation refers to the detailed analysis of
the EU secondary legislation that is to be transposed. The analysis should
be done by the line institution or expert working group that will prepare
the draft of national legal act. At this stage it is important to consult other
strategic documents such as strategies, plans or reports and preparatory
documents of the EU institutions. Furthermore, for this stage it is neces-
sary to provide timely translation of the EU legal act in ofÞcial national
language in order to enable the proper transposition. Every possible di-
lemma on terminology should be resolved in this early stage. The anal-
ysis should result in the identiÞcation of binding provisions of EU legal
act that have to be transposed, non-binding provisions which are optional
and can be transposed based on the interest of the line ministry, as well
as non-transposable provisions, or provisions which do not apply and
there is no need to be transposed. The analytical stage includes also the
proper analysis of existing national legislation for relevant Þeld. For this
it is necessary to identify what is the current level of alignment, to deÞne
should the existing law be amended or a new legal or sublegal act has
to be adopted and when should complete alignment be achieved. This
is related to the deÞnition of state priorities set in different Government
documents, especially the NPAA, and to priorities and recommendations
in the unilateral EU documents (e.g. Progress Report).

The transposition phase represents the operational elaboration of the
new legislation in line with the previously deÞned plan. At this stage
the actual approximation of the internal legislation with the EU law is
achieved and national experts have to prepare new draft laws or pro-
pose amendments to the existing laws and by-laws, in order to attain
compatibility with EU law. In this process it is necessary to take into
account national legal tradition and domestic legal order as well as the
hierarchy of provisions in the European Union.

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