Croatia's National Programme for EU Accession

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Transposition of EU Legislation into the Legal System of
Turkey:
The ways and means to check the draft legislation as to their
conformity with the acquis
Institutional Framework and Coordination
Mechanisms: challenges, experiences
Case study - Croatia
Marija Pejčinović Burić, Croatia
Ankara, 25 May 2016

Content
• The roles of different institutions
• Co-ordination of EU Affairs/Harmonisation
• NPAA or NPAEU or National Action Plan for EU Accession
(NPEUA) – the strategic document that evolves over the
time
 A tool for co-ordination of harmonisation and over
time overall accession preparations linked with
negotiations
 A tool for monitoring and stearing of the EU related
affairs
1

The Role of Different Institutions in
the Harmonisation Process
The Government
 The co-ordinator – Ministry for European
Integration(MEI) / Ministry for Foreign and European
Affairs (MFEA)
 The line ministries
 The Ministry of Finance
 The Office for Legislation
The Parliament
 The European Integration Committee
 Other related committees
Other Stakeholders
2

The Co-ordination Body: MEI
• Co-ordination of all activities related to EU Integration
 Phase I
• Implementation of the SAA
• Harmonisation
• Translation
• Pre-accesion funds management
• Training
• Communication/Information
3

The co-ordination body: MFEA
• Co-ordination of all activities related to EU Integration
 Phase II
• Negotiations
• Implementation of the SAA
• Harmonisation
• Translation
• Training
• Communication/Information
4

Roles of other Gvt. Institutions in
Legal Harmonisation Process
The line ministries
 Checking for financial impact of the draft legal acts (all
line institutions are obliged to draft a Financial Impact
Assessment of the legal act – in a format of the
Standardised FIA form, from 2005)
 EU co-ordinators (reporting/co-ordination)
 Sector specific civil servants (drafting legislation and
preparing other relevant documents, such as FIA
/Financial Impact Assessment/, and later, after 2011,
RIA /Regulatory Impact Assessment/etc.)
 Legal departments (checking draft legislation, co-
drafting legislation)
5

Roles of other Gvt. Institutions in
Legal Harmonisation Process (cont.)
The Ministry of Finance
 Checking for Finacial Impact Assessment (FIA)
The Office for Legislation
 Checking constitutionality of the draft legislation, cross-
checking with other related national legislation in force
6

The Role the Parliament in Legal
Harmonisation Process
The Parliament
 The European Integration Committee
Legal proposals that are harmonized with the EU acquis,
labeled with “P.Z.E.” marking are discussed and voted at
the EI Committee
 Other related committees
Legal proposals that are harmonized with the EU acquis
are also discussed and voted by the respective
parliamentary Committee not only for issues related to
harmonisation.
7

Rules of procedure of the
Croatian Parliament
Article 136. – a distinction has been
made between draft law
harmonizing with the EU acquis and
other “national” legal proposals
Legal proposals that harmonize with the EU acquis are
labeled with a special “P.Z.E.” marking
Article 161. – provides for urgent adoption procedure in
case of laws harmonizing with the EU acquis, if so
demanded by the proponent of the law

The National Program for Accession
to the EU: case Croatia
• The main strategic document of the Government of
Croatia for approximation with the EU acquis and meeting
the EU membership criteria
• An annual comprehensive document – adopted by the
Government
• The Parliament – document presented by the Government
and Legislative activity plan adopted

The Croatian NPAEU and
Accession Negotiations
Dual purpose:
 towards EU – harmonization of legislation, meeting the
SAA obligations + obligations taken on during
negotiations (screening; documents for meeting
benchmarks; negotiation positions)
 strategic planning of all activities and measures on a
national level; involvement of all public administration
bodies; networking; consistency; effective monitoring
of implementation of adopted obligations at the
Government level
10

Annex A –
Acquis
implementation
Political
criteria
NPAEU
Economic
criteria
Legal
criteria
Admin
capacity
Annex B – Budgetary expenditure
NPPAASTRUCTURENPAEU

NPAEU Drafting– legislative part
Legal criteria: ability to take on the EU membership
obligations:
- Accomplished during the previous year – short overview
of the achievements
- Key priorities (short-term and mid-term priorities in
earlier stages) – legislative activities + implementation
measures
- Annex A – table overview
12

NPAEU Drafting Instructions
All legal measures and by-laws whose adoption
Croatia has announced for 2007, during bilateral
screening or in negotiation positions, or the ones
that refer to negotiation opening benchmarks must
be cited and elaborated on in detail in the NPAEU.
13

NPAEU Drafting Instructions
• National program (NPAEU) must fully reflect the course of
the negotiation process at all its stages.
•There can be no deviations or differences between the
negotiation process and obligations taken, and the NPAEU, as
the National program ensures and maintains the course of
undertaken obligations during the negotiation process.
•The same goes for all the implementing measures officially
presented during the negotiation process (institutional,
administrative, analytical…)
14

Croatian National Programme
Measures planned
 Laws
 By-laws
 Implementing measures (strategies, action plans,
establishment of new institutions, establishment of
new departments within existing institutions,
employment, education and trainings, new
equipment/IT systems)
Relation with the implementation of a specific acquis
The deadlines set quarterly
15

1 FREE MOVEMENT OF GOODS
Redni broj Zakonodavna mjera
Odgovorna
institucija
EU acquis s kojim se mjera usklađuje
Upućivanje u
proceduru VRH
1.
Zakon o tehničkim zahtjevima za proizvode i ocjeni
sukladnosti
MGRIP
Rezolucija Vijeća ministara od 7. svibnja 1985. g. o Novome pristupu tehničkom
usklađivanju i normama
31985Y0604(01)
I. kvartal 2007.
LEGAL MEASURES
Redni
broj
Podzakonski akt
Odgovorna
institucija
Zakonska osnova za donošenje
podzakonskog akta
EU acquis s kojim se mjera usklađuje
Upućivanje u
proceduru VRH
1.
Uredba o načinu i postupku službenog
obavješćivanja i suradnje sa Svjetskom
trgovinskom organizacijom i Europskom
Unijom u području norma, tehničkih propisa
i postupaka ocjene sukladnosti
MGRIP
Zakon o tehničkim zahtjevima za proizvode i
ocjeni sukladnosti
Direktiva 98/48/EZ Europskog parlamenta i
Vijeća od 20. srpnja 1998. kojom se izmjenjuje i
dopunjuje Direktiva 98/34/EZ koja utvrđuje
postupak pribavljanja informacija na području
tehničkih standarda i propisa
31998L0048
III. kvartal 2007.
b) Podzakonski akti
Opis mjere Faze procesa Odgovorna institucija
Rok usvajanja /
provedbe
STRATEGIJE
Strategija za cjelokupno područje slobodnog kretanja roba
a) održati sastanke sa sektorima iz područja Slobode
kretanja roba
MGRIP
I. kvartal 2007.
b) dostaviti nacrt strategije nadležnim tijelima državne
uprave na očitovanje
MGRIP
II. kvartal 2007.
(travanj 2007.)
c) dostaviti prijedlog nacrta strategije na očitovanje
Europskoj komisiji
MGRIP
II. kvartal 2007.
(svibanj 2007.)
d) dostaviti strategiju Vladi RH na usvajanje MGRIP III. kvartal 2007.
PLANOVI
Akcijski plan za usklađivanje s člancima 28.-30. Ugovora o EZ MGRIP III. kvartal 2007
PROVEDBENE MJERE

Gradual Evolution of the National Programme
for EU Integration
2003 13 priority areas + JHA
2004
2005
SAA Implementation Plan
All chapters (29), AVIS, European Partnership
2006
2007
2008
2009
33 chapters, Screening results, Progress
Report, Accession Partnership,
Benchmarks, Negotiation results

2010., 2011. and 2012. –
Process Continues
• Program for adoption and implementation of the EU
acquis – new acquis – moving target
• Transitional period instrument and preparation for
adoption of the EU acquis in the environment of full
EU membership

Monitoring Implementation of the
NPAEU
Line ministries – responsible for the transposition of EU
acquis in their competence
• EU co-ordinators in the state administration bodies –
responsible for EU portfolio within the framework of their
institutions
• EU departments – focal points for the communication with
MFEA and other sectorial departments
19

Monitoring the NPAEU
implementation
 EU co-ordination – all EU co-ordinators, Assistant Minister
of Foreign and European Affairs is presiding
 Regular meetings
• Executive – regular working bodies of the Government and
Government sessions
• MFEA – submits reports to the Government + detailed
overview of upcoming activities; in the case of open issues
– a special non–paper for discussion and decision making
on the highest level drafted
20

Monitoring Implementation of the
NPAEU
 First point of the Agenda of standing Government bodies,
Government meetings, and narrow cabinet
 Weekly
 European Integration Committee of the CP
21

Monitoring of the Implementation of
the NPAEU
22
for social
affairs and
human rights
for economy
and EU funds
for internal
affairs
for foreign
and european
affairs
for social
affairs and
human rights
for economy
and EU funds
for internal
affairs
for foreign
and european
affairs
Government
session
Expert working groups Coordinations
Mondays Tuesdays
Thursdays
Inner
cabinet

Implementation of the NPAAEU
Implementation coordination by MFEA
Weekly updates of statistics on made progress
Responsibility of each line ministry and of other public administration
bodies
OVERVIEW OF THE LEGAL PROPOSALS FOR ADOPTION OF THE EU ACQUIS IN 2011 – REPUBLIC OF CROATIA
I. QUARTER
LEGAL MEASURES GOVERNMENT STATUS
THE MINISTRY OF INTERIOR
11 The Law on amendments to the Law on witness protection
10.01.2011.
OJ 18/11
12 The Law on changes and amendments to the Law on Foreigners
21.03.2011. 14.01.11. sent to EC
23.02. EC provided opinion
MINISTRY OF FINANCE
13 The Law on special tax on coffee
07.02.2011. 07.02.2011. The Law passed on the Gvt session; sent
to the Parliament
MINISTRY OF SEE, TRANSPORT AND INFRASTRUCTURE
14 The Law on changes and amendments of the Law on Maritime Code
31.03.2011.
MINISTRY OF SCIENCE, EDUCATION AND SPORT
15 The Law on changes and amendments to the Law on Regulated Professions and
recognition of professional qualifications
15.03.2011.
16
The Law on ratification of the Memorandum of Understanding between the RC and
the EU on participation of RC in the programmes Youth in Action and the Action
Programme in the field of Life Long Learning (2007.-2013.)
15.02.2011. 27.01.11. The law passed on the Gvt. Session and sent
to the Parliament
MINISTRY OF THE FAMILY, VETERANS AND INTER-GENERATIONAL SOLIDARITY
17 The Law on changes and amendments of the Law on Maternity and Familiy aid
31.01.2011. 28.02. on the agenda of the standing Gvt. working
bodies

NPAEU and preparation and monitoring of
negotiating documents
• NPAEU – strategic framework
• Take into account measures planned in the NPAEU
• Preparation of sectoral strategic documents – broader
aspect in relation to the NPAEU
• Need to have coherence with other strategic documents
• Financial implications – budget and projections for next
period
• Public Administration Recruitment plan

NPAEU and preparation and monitoring of
negotiating documents
NPAA - instrument for the monitoring of obligations steaming
from the accession negotiations – requires flexibility
Inclusion of additional measures in the NPAEU during the
year (monthly/every three months/right after upon the
obligation is established)
Prolongation of deadlines – consultations with EU or other
stakeholders
Negotiating team – active participation in the preparation of
the reports on the NPAEU implementation for the
Government
25

NPAEU – Do’s and Dont’s
• NPAEU must fully reflect the course of the accession
negotiation process in all its stages.
• No discrepancies and differences between the obligations
taken within accession negotiation process and NPAEU -
NPAEU ensures and reflects the course of commitments
taken during negotiating process.
• Laws and by-laws which represent opening benchmarks or
which adoption is announced in the negotiating position
must be included in the NPAEU.
• The same goes for all implementing measures officially
presented in the course of the negotiating process
(institutional, administrative, analytical…)
26

NPAEU – Do’s and Dont’s
• Avoid introduction of new reporting mechanisms
• Avoid creation of parallel/double channels for the
reporting and monitoring of the NPAA obligations and
negotiating obligations
• Use regular procedure for the adoption on the level of the
Government and the Parliament
• Choose the most efficient model
• The same decision makers on national level
• Ensure regular monitoring
27

Conclusion
Challenging process, as it needs:
• establishment of an effective coordination system that
will enable clear definition of national interests and
priorities;
• adjustment of procedural rules
• avoidance of double coordination mechanisms (EU affairs
are regular affairs)
• establishment of cooperation mechanisms with
stakeholders (businesses, trade unions, universities, civil
society)
28

Croatia's National Programme for EU Accession

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