Harmonizing domestic legislation with Acquis

Harmonizing the law is a joint obligation for European Union membership. This means that countries aspiring to join the European Union must harmonize their national laws, regulations and procedures making effective the entire EU legal structure, within the acquis communautaire. Since the obligation of harmonization continues after entry, the harmonization process before joining transforms into an opportunity for these states to organize better their institutions and procedures and to train their staff in daily processes and responsibilities of drafting laws according to the EU model, as well as implementing them.
 

There are three key elements:

1. First, national laws, regulations and procedures must be approved or amended so that the respective requirements of the Acquis are fully incorporated into the national legal order. This process is known as “transposure”. It should be emphasized that although countries have considerable freedom in choosing appropriate national mechanisms which reflect EU obligations, this freedom is limited in various aspects by general Union law. In most cases, it is necessary that domestic legislation be approved by the Parliament or by a Decree from the President or Government.

TRANSPOSURE


The term transposure means any form of legislative, regulating or administrative measure undertaken by competent authorities of a Member State, in order to incorporate within the national legal order, the duties, rights and protected duties of Acquis. Thus, transposure does not include simply the reproduction of the words in a directive in national law, but also every type of additional disposition, such as an amendment or nullification of contradictory national dispositions, necessary to ensure that national law as a whole reflects the dispositions of the Acquis.

2. Secondly, the institutions and budget necessary should be secured to implement these laws and regulations (known as “Implementation” or “implementation in practice” of directives).
 


PRACTICAL IMPLEMENTATION
Practical implementation is explained as inclusion of EU law and in particular decisions, by competent authorities, for example the release of licenses for the execution of a plan or program. In the case of regulations and dispositions directly applicable, then EU legislation is directly implemented. However, if the directive is transposed as it should be, then it should be implemented according to domestic transposure measures. This also includes infrastructure security and necessary measures, so that competent bodies are able to fulfill their obligations according to EU laws and to take necessary decisions.

3. Thirdly, essential controls and necessary measures of punishment must be made to guarantee that the law is fully respected as it should be (execution)

EXECUTION
Implementation is defined broadly as all approaches by competent bodies to encourage or oblige others to respect existing legislation (i.e. monitoring, sanctions and corrective obligatory measures) in order to improve the productivity of sectoral policies.
 

Minister Bekim Çollaku
Bekim Çollaku

KOSOVO IN UNESCO