Page 182 - Секретаријат за законодавство

IV. IMPLEMENTATION AND TRANSPOSITION
To accomplish the principle of the rule of law, good governance, legal
security and transparency in the process of harmonisation of the national
legislation with the EU legislation when developing draft legal acts, the
texts are to be written in conformity with the basic nomotechnical princi-
ples by observing EU legal terminology and consistency of the national
legal system. As a result, continuous education and training to law-mak-
ers and translators is very important for the EU law and legal terminology.

1. HARMONISATION, LEGITIMACY AND ENFORCEMENT
OF DRAFT LEGAL ACTS

Harmonisation means:

- prior determination of the scope of application of national le-
gal acts with those of EU legislation regulating relevant area;
- existence of legal basis for the given legal act in the national
legal system;
- disposal of all EU relevant legal acts (regulations, directives,
decisions and etc., and consolidated versions thereof in ofÞcial
translation) that are to be transposed in the given legal act;
- awareness of existence of obligations assumed by the existing
ratiÞed international agreements and the way they reßect the
legal act to be drafted; and
- awareness of the provisions in national legal acts that are not likely
to be in conformity with international obligations to be assumed.

Legitimacy means:

- adequate place of a legal act in the national legal system;
- existence of strict text structure with proper order of provisions
and their appropriate grouping (subject to regulation, objectives,
general principles, deÞnitions, material provisions – rights, ob-
ligations, responsibilities, authorizations, procedural provisions,
penalty provisions, transitional and Þnal provisions);

[1996] ECR I-5023.

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