Page 199 - Секретаријат за законодавство

Furthermore, the proper publication of a regulation, with regard to a
Member State whose language is an ofÞcial language of the Union, must
include the publication of that act in that language in the OfÞcial Journal
of the European Union. The Court of Justice of the EU has held that:

“…a regulation cannot be enforced against natural and legal persons in
a Member State before they have the opportunity to make themselves
acquainted with it by its proper publication in the OfÞcial Journal of
the European Union.
…the principle of legal certainty requires that Community legislation
must allow those concerned to acquaint themselves with the precise
extent of the obligations it imposes upon them, which may be guar-
anteed only by the proper publication of that legislation in the ofÞcial
language of those to whom it applies”. 13

Guidelines for the national legislator

It is not directly applicable pending the accession – it should be trans-
posed in order for the rights and obligations contained therein to be
observed and invoked.

Following the accession, any legal activity for its transposition is
prohibited (exception: when a Member State is directly authorised to
adopt implementing legal acts!):

“Since Regulation…is directly applicable in all Member States, the latter,
unless otherwise expressly provided, are precluded from taking steps, for
the purposes of applying the regulation, which are intended to alter its
scope or supplement its provisions. To the extent to which Member States
have transferred legislative powers in tariff matters with the object of en-
suring the satisfactory operation of a common market in agriculture they
no longer have the powers to adopt legislative provisions in this Þeld”. 14

Binding interpretation of a regulation by Member States’ authorities is
also prohibited:

13
Skoma-Lux (case C-161/06) [2007] ECR I-10841.
14 Hauptzollamt Hamburg-Oberelbe v Firma Paul G. Bollmann (case 40-69) [1970]
ECR 69.

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