Effectiveness of the regulatory framework and special procedures and tools for evidence-based EU law transposition

Legislative proposals aiming to align with EU law and domestic policy proposals are subject to the same requirements for impact analysis

Checks are carried out in regulations and procedures to assess whether the draft laws that transpose EU laws are required to follow the same standards and requirements for policy preparation in terms of impact assessment. Existing procedures and rules ensure all EU cases are prepared based on analysis and consultation.

Legislative proposals aiming to align with EU law and domestic policy proposals are subject to the same requirements in terms of inter-ministerial and public consultation

Checks are carried out in regulations and procedures to assess whether the draft laws that transpose EU laws are required to follow the same standards and requirements for policy preparation in terms of public consultation. Existing procedures and rules ensure all EU cases are prepared based on analysis and consultation.

Guidelines on how to plan and carry out EU law transposition are issued and available to use by ministries

Assessors check the availability of a guidance document which established clear rules and procedures for organising, planning and conducting EU law transposition.

Responsibilities of ministries and other government bodies in the EU law alignment process are established

It is checked whether a central government body is established to carry out planning and quality-check on EU law transposition cases. At a minimum, there must be a body or bodies responsible for planning, co-ordinating and monitoring the EU acquis alignment process, as well as for ensuring conformity of draft laws and regulations with national legislation.

The use of tables of concordance is obligatory during the EU acquis alignment cases

The rules of procedures and other relevant regulations are analysed to check whether tables of concordance are required as part of standard documentation when preparing and approving EU transposition cases.

Tables of concordance are consistently prepared and used in practice during decision-making

The practice of preparation of tables of concordance, are checked based on information provided by the administration on all draft laws related to EU law transposition which were approved by the government during the last full calendar year. The administration are asked to confirm whether tables of concordance were prepared on draft laws transposing EU legislation. Additional checks are carried out on at least two EU transposition cases for which the actual documents (tables of concordance) are requested, reviewed and analysed. Points are allocated only if there is evidence of full compliance, i.e. tables of concordance were prepared for all EU transposition cases.

Translation of EU directives/regulations is organised in a timely manner ensuring evidence-based EU law transposition

translations of the most recently adopted EU directives that are included in the National Plan for the Acquis Alignment (NPAA) for implementation during the assessment year are checked. Checks are carried out to assess that official translations of all EU acquis which are planned to be transposed during the assessment year have been carried out to ensure informed EU law transposition. First, the list of all EU directives that are included in the national plan for EU integration (or government annual work programme) to be transposed during the assessment year will be established. SIGMA asks the administration to confirm if translations of all those directives are available. Additional checks are carried out on three cases to check the availability of the actual translations. No points are allocated if there is evidence that a translation is not available even for one directive which is officially planned for adoption by the government during the assessment year.

RIA reports of draft laws transposing EU directives make references to EU IA

A sample of two transposition cases/laws approved by the government during the last full calendar year and the RIA report and other related supporting documents are analysed to check whether these documents make any references to analysis or evidence produced by the European Commission (EC) and/or other EU Member States when developing and/or transposing the same directive in their respective administration. Any reference to the EC analysis and/or experience of an EU Member State in transposing the same directive is sufficient for allocating the point.