Harmonization of Legislation and challenges in translation. Ministry of European Integration Tirana, Albania Montenegro 8-10 October, 2007. Harmonization of legislation with the acquis communautaire. Stabilisation and Association Agreement ARTICLE 70
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Harmonization of Legislation and challenges in translation
Ministry of European Integration
Montenegro 8-10 October, 2007
Stabilisation and Association Agreement
The Parties recognise the importance of the approximation of Albania's existing legislation to that of the Community and of its effective implementation. Albania shall endeavour to ensure that its existing laws and future legislation shall be gradually made compatible with the Community acquis. Albania shall ensure that existing and future legislation shall be properly implemented and enforced.
LEGAL ACTS ON THE PROCEDURES FOR APPROXIMATION OF LEGISLATION, IN ALBANIA
Council of Ministers Decision no.201 of 29.03.2006, amending Decision no. 584, date 28.08.2003 “On the approval of the Regulation and Table of Concordance”
Council of Ministers Decision no. 580 of 10.09.2004 “On the scope of the Ministry of European Integration”
Law no.9252, date 08.07.2004 “On the work of the Parliament in the European Integration process of Albania”
Council of Ministers Decision no. 577, date 05.09.2007 “On the approval of National Plan for Implementation of Stabilization and Association Agreement”
MoI has completed the documentary package providing the vision for the approximation of legislation and will update several others:
ASSESSMENT OF COMPATIBILITY AND APPROVAL OF LAWS
The line Ministry proposing the draft legislative measure should analyze based on the priorities as laid down in the European Partnership, SAA, and National Plan for Implementation of SAA and shall make its own assessment of compatibility with the acquis by submitting along with the draft legal act, the Report and the Table of Concordance, as stipulated by CM Decision no.201 of 29.03.2006;
The Ministry of European Integration examines the draft law and the compatibility with the community legislation;
The Ministry of Justice reviews the quality of the legislation;
The Prime Ministers Office certifies by Decision;
The Parliament approves the final text of the legal act for publishing in the Official Journal.
UNDERSTANDING OF COMMUNITY LEGISLATION IS A MUST
The implementation of EC law is not a mere technical matter; it implies also knowledge of interpretation of EC legislation;
Clarifying the objective of the Directive:
-the legal basis
-the articles as such
Identifying the type of harmonization:
Screening of national legislation in the light of the Directive
CHALLENGES ON TRANSLATING THE ACQUIS COMUNAUTAIRE
INSTITUTIONS INVOLVED IN THE TRANSLATION ISSUES
BASIC STRATEGIC DOCUMENT
As the basic document to decide the annual calendar of translation as obligation of the national institutions (2008 – 2012)
Translates the legislation of the European Union in the Albanian
language and Albanian legislation in one of the EU languages
Reviews the already translated EU legislation in the Albanian
language, and vice versa, either from the line ministries or other
Organises tendering procedures for realisation of the translation of
the EU legislation into Albanian and of domestic normative
framework in one of the EU languages, in accordance with the
public procurement established procedures
Creates and updates the database on translation of EU legislation into
Albanian and vice versa
Monitors the observance of unity of form and terminology of translation of
the EU legislation into Albanian and vice versa;
Compiles and publishes documents and glossaries on specialised
terminology, that will be used by both translators and civil servants
involved in the process of translation of EU legislation into Albanian and
FINANCIAL IMPLICATIONS for the translation issues are covered by the
annual budget of the Ministry of Integration.
MI is responsible in preparing the methodologies of the translation procedures
and other documents related.
MI is making an inventory on the translated European legal acts, actually
translated in Albanian, by line ministries or other central institutions. (till the
end of the year)
Meanwhile, Line ministries and other central institutions have the obligation to
bring to the disposal of the Ministry of Integration the database of EU
legislation translated in Albanian and of the Albanian legislation translated in
any of the EU languages.
MI will review the translated EU legislation in Albanian language and of
Albanian legislation in any of the European Union languages.