Page 213 - Секретаријат за законодавство
P. 213
Ⱥcquis, the structure of the EU legislation, phases and methods for its
transposition in the national legislation of the Republic of Macedonia
for the purpose of approximation i.e. harmonization of the national
legislation with the EU legislation as well as the manner of presen-
tation and assessment of the transposition in the correlation tables,
samples of which are annexed to this Handbook.
The Statement on the Approximation of the legal act with the EU leg-
islation and the Correlation table have been presented in the Handbook
along with appropriate explanation and instructions on the manner of
their completion, in accordance with the practical experience acquired
by the competent ministries, the Secretariat for European Affairs and
the Secretariat for Legislation in the course of preparation i.e. adop-
tion of the national legal acts.
Also the examples and best practices of the transposition and imple-
mentation of the EU law in the Member States have been presented and
explained (example of Croatia and Poland). These examples can serve
to the legal experts in the line institutions as a basis for the comparative
analysis in their work on the transposition of the EU and can facilitate
the process of legal harmonisation in the Republic of Macedonia.
I. THE LAW OF THE EUROPEAN UNION AFTER LISBON
TREATY
The law of the European Union has created a new legal order different
from both international law and the national legal order of the Member
States. The international law regulates relations between the states, with
them being the legal subjects. The EU law comprises a full set of rights
and obligations applying to the Member States, but also giving the rights
and obligations to the natural and legal persons within those States.
Prior to entry into force of the Lisbon Treaty (2009), usually the notion
European Community Law was used, with the distinction from the Eu-
ropean Union Law. This difference was based on the system of three
pillars, which was introduced by Maastricht Treaty which entered into
force in 1993.
The legislation which was created within the framework of the Euro-
pean Communities (European Coal and Steel Community, European
6