Page 198 - Секретаријат за законодавство

“Member States must not adopt or allow national institutions with a
legislative power to adopt a measure by which the Community nature
of a legal rule and the consequences which arise from it are concealed
from the persons concerned. Although it is true that in the event of
difÞculty of interpretation the national administration may be led to
adopt detailed rules for the application of a Community regulation and
at the same time to clarify any doubts raised, it can do so only in so far
as it complies with the provisions of Community law and the national
authorities cannot issue binding rules of interpretation”. 15

It is generally prohibited to transcribe provisions of a regulation into na-
tional law. However, as an exception, it is admissible to repeat the con-
tent of a regulation in domestic law under two conditions: the domestic
provisions have a local scope and the repetition is done in the interest of
coherence and comprehension of the relevant legal framework:

“With regard to the contention that the regional Laws … repeat the
provisions of the Community regulations, it is true … that Community
regulations are, as such, directly applicable in all Member States and
enter into force solely by virtue of their publication in the OfÞcial
Journal of the Communities. Consequently, a Member State is not at
liberty to create a situation in which the direct effect of Community
regulations is compromised.

However, that is not the position in this case. The application in Italy of
the system for encouraging the formation of producer groups cannot be
assured by the Community regulations alone; … it depends on the com-
bination of a number of provisions adopted at Community, national and
regional level. In such special circumstances, the fact that regional laws
incorporate, for the sake of coherence and in order to make them compre-
hensible to the persons to whom they apply, some elements of the Com-
munity regulations, cannot be regarded as a breach of Community law”. 16

Member State’s legislative activity with regard to regulations is ad-
missible or necessary in the following circumstances:

15
Fratelli Zerbone Snc v Amministrazione delle Þnanze dello Stato (case 94/77)
[1978] ECR 99.
16 Commission v Italy (case 272/83) [1985] ECR 1057.

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