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REGULATORY IMPACT ASSESSMENT AND ALIGNMENT OF THE LEGISLATION IN THE REPUBLIC OF CROATIA Tamara Obradović Mazal, LL.M. Assistant Minister for Foreign Affairs and European Integration and Secretary of the Negotiating Team E-mail: email@example.com
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Tamara Obradović Mazal, LL.M.
Assistant Minister for Foreign Affairs and European Integration and
Secretary of the Negotiating Team
Analysis of the impact of regulations
Alignment of the Croatian legislation with the
Instruments of alignment
National Programme for the Integration of the Republic of Croatia
into the EU
Assessment of financial impact in the preparation of
HITROREZOVERVIEW OF THE PRESENTATION
All natural and legal persons may take the initiative to launch a lawenactment procedure.
The initiative is forwarded to the person / body authorised to launch the procedure.
Members of the Croatian Parliament, Clubs of Members
Working bodies of the Croatian Parliament, and
Government of the Republic of Croatia.LEGISLATIVE PROCEDURE IN CROATIA
If an act is proposed by the Government of the Republic of Croatia, its draft proposal is prepared by the competent ministries
The Draft is forwarded for opinion (Standing Orders of the Croatian Government) to:
Ministry of Finance,
Ministry of Foreign Affairs and European Integration, and
Other bodies of state administration competent for the issues regulated by the proposal concerned.
The proposal is discussed by expert working groups of the coordinating committees of the Government of the Republic of Croatia and by the competent coordinating committee of the Government of the Republic of Croatia.LEGISLATIVE PROCEDURE IN CROATIA
The Act is generally adopted in the regular procedure through two readings
Before discussion at a session of the Parliament, the working bodies must hold a discussion on the proposals of the act
The working bodies of the Croatian Parliament are its committees and commissions, established pursuant to the Standing Orders of the Croatian Parliament.LEGISLATIVE PROCEDURE IN CROATIA
The first reading includes: an introductory presentation by the sponsor and a discussion, which is followed by the adoption of conclusions concerning the submitted proposals, which are then forwarded to the sponsor.
The sponsor must submit the final proposal of the act to the Croatian Parliament within 6 months of the date of acceptance of the proposal of the act in the first reading
Second reading of the act
The second reading of the act is the second part of the law enactment procedure. It includes a discussion: about the text of the final proposal, the standpoints of the working bodies, amendments to the text of the act, and the adoption of the act.
Third reading of the act
Exceptionally, in the enactment procedure, the act may be sent for a third reading (when a large number of amendments to the final proposal of the act is submitted or when the amendments are such in nature that they materially change the content of the final proposal of the act).LEGISLATIVE PROCEDURE IN CROATIA
Exceptionally, an act may be adopted in the summary procedure, but only if that is required by the interests of national defence and other particularly justified state reasons, that is, when that is necessary to prevent or remedy major disturbances in the economy.
The final proposal of the act must be submitted with the petition to enact the law under summary procedures, and it must include everything that the proposal of the act includes, except that instead of the text of the proposal of the act, the text of the final proposal of the act is enclosed.
Acts that must be aligned with the legislation of the European Union, if requested by the sponsor, are adopted in the summary procedure (Article 161 of the Standing Orders).LEGISLATIVE PROCEDURE IN CROATIA
The procedure of passing the act is the same, except that the president of the Croatian Parliament forwards the proposal simultaneously to the working bodies of the Croatian Parliament and the Prime Minister to get their opinion
The proposal goes through a similar procedure, that is, the competent ministry, the expert working group of the competent coordinating committee, the coordinating committee of the Government of the Republic of Croatia, the Government of the Republic of Croatia, all issue their opinions about the proposal.LEGISLATIVE PROCEDURE IN CROATIA
Constitutional grounds for passing the act,
Assessment of the status* and fundamental issues* to be regulated by the act and the impact* of the passed act,
An assessment and the sources of funds necessary* to implement the act,
The text of the proposal of the act, with its interpretationand explanation,
The text of the provisions of the valid act to be amended, if that is what is proposed.
In addition to the proposal of the act, the sponsor may also submit other relevant documentation, particularly expert opinions, ratified international treaties and other acts serving to explain the grounds for the proposal."
* Elements that are underlined are relevant and purposeful in terms of an analysis of the impact of the application of the regulation.ANALYSIS OF THE IMPACT OF REGULATIONS IN THE REPUBLIC OF CROATIA
On 20 May 2005 – The Government of the Republic of Croatia adopted the Decision concerning the form of standard methodology for assessing financial impact
The state administration bodies, in addition to the proposals of regulations and other legislation adopted by the Government, and the proposals of acts and other legislation proposed by the Government, must submit the Form on the assessment of financial impactANALYSIS OF THE IMPACT OF REGULATIONS IN THE REPUBLIC OF CROATIA
Basic data about the sponsor and the proposal;
Connection between the draft legislation and the State Budget;
Statement of financial impact on the State Budget and other budgets;
Impact on employment;
Statement on the sources of funding;
Potential liabilities for the State Budget;
Indicators of success;
Explanation and response of the sponsor;
Recommendation and a statement on the proposal of the regulation by the Ministry of Finance, and
Dates on which the Form was sent and received.ANALYSIS OF THE IMPACT OF REGULATIONS IN THE REPUBLIC OF CROATIA
"The Parties recognise the importance of the approximation of Croatia's existing legislation to that of the Community. Croatia shall endeavour to ensure that its existing laws and future legislation will be gradually made compatible with the Community acquis.”ALIGNING THE CROATIAN LEGISLATION WITH THE ACQUIS COMMUNAUTAIRE
ALIGNING THE CROATIAN LEGISLATION WITH THE ACQUIS COMMUNAUTAIRE
Main areas of the internal market
Trade and related issues
Other parts of the
acquis from the SAA
6 transitional years
As of 1 December 2001, in the preparation of draft regulations aligning the legislation, the state administration bodies must complete the Statement of Compatibility and prepare the Table of Concordance of the Provisions of Draft Legislation with the Acquis Communautaire
The completed Statement of Compatibility and the prepared Table of Concordance of the Provisions of Draft Legislation with the Acquis Communautaire must be forwarded to the Ministry of Foreign Affairs and European Integration for review and verification of their alignmentInstruments for aligning the legislation
Priorities in the process of aligning the legislation of the Republic of Croatia are based on the SAA, and are reflected in the one-year National Programme for the Integration of the Republic of Croatia into the EU
The obligation to complete the Statement and the Table of Concordance has been expanded to the making of subordinate legislation, serving to achieve alignment with the acquis communautaire
The competent authority has been extended an opportunity to indicate, next to the draft legislation in the Statement of Compatibility, the need to prepare a consolidated versionInstruments for aligning the legislation
It states that any (draft) proposal of the regulation aligning the legislation which is not accompanied by a completed Statement of Compatibility and the prepared Table of Concordance will not be sent for further legislative procedure, but will be returned to the competent authority for further work
It binds the state administration bodies to involve the Ministry of Foreign Affairs and European Integration in the very initial phases of preparing the (draft) proposal of the regulation aligning the legislation
It states that the Ministry of Foreign Affairs and European Integration provides all technical and expert assistance that is needed
Statements as to the alignment of (draft) legislation with the provisions of the Stabilisation and Association Agreement between the European Communities and its Member States and the Republic of Croatia
Statements as to the alignment of (draft) legislation with the acquis communautaire and the legal acts of the Council of Europe
Data relevant to the process of aligning the legislation (participation of consultants in the making of (draft) legislation and their opinion on the alignment, translation of the sources of EU law to Croatian, translation of (draft) legislation to one of the official languages of the EU)Instruments for aligning the legislation
A comparative listing of the provisions of (draft) legislation and the provisions of EU legislation
An indication of their alignment
A presentation of the reasons for their partial alignment or absence of alignment
An indication of the foreseen date to achieve complete alignment
Based on the prepared Table of Concordance, the competent authority completes the part of the Statement relating to the alignment of (draft) legislation with the acquis communautaire and the legal acts of the Council of EuropeInstruments for aligning the legislation
1. Title of EU legislation/legal act of the Council of Europe and its scope and objective
2. Title of (draft) proposal and its scope and objective
3. Degree of alignment with primary source of EU law
4. Degree of alignment with EU legislation (secondary source of law/legal acts of the Council of Europe
Provisions and requirements of the acquis (Article, Paragraph, Item)/legal act of CE
Provisions of (draft) proposal (Title, Section, Article, Paragraph, Item, etc.)
Degree of harmonisation of the provisions of the (draft) proposal with the EU provision /legal acts of CE (aligned, partially aligned, non-aligned)
Reasons for partial alignment or absence of alignment
Deadline for complete alignment
5. Degree of alignment with other sources of EU law
Administrative capacity building
Table of planned budgetary funds and
foreign assistance funds – Annex B
Administrative capacity building
Table of planned budgetary funds and
foreign assistance funds – Annex B
Adopted by the Croatian Government on 20 April 2006
Statement on the assessment of financial impact on the Form for the assessment of financial impact of the alignment of Croatian legislation with the acquis communautaire (Form PFU EU)ASSESSMENT OF FINANCIAL IMPACT IN THE PREPARATION OF NEGOTIATING POSITIONS
New programmes, strategies, action plans
Amendments to programmes, strategies, action plans
New legislation and subordinate legislation
Amendments to legislation and subordinate legislation
Establishment of new agencies or similar organisations
Financial participation for inclusion in certain programmes
Other activitiesASSESSMENT OF FINANCIAL IMPACT IN THE PREPARATION OF NEGOTIATING POSITIONS
The form PFU EU is forwarded for opinion to the Ministry of Financeand other state administration bodiescompetent for the issues covered by the chapter, together with the working draft of the proposed negotiating position
Within seven days of receiving the Form PFU EU, the Ministry of Finance forwards its opinion on the Form to the member of the Negotiating Team in charge of the chapter concerned
The working group then makes the draft proposal of the negotiating position and, together with the Form PFU EU, which includes the opinion of the Ministry of Finance, forwards it to the Negotiating Team
The Negotiating Team reviews and adopts, in addition to the draft proposal of the negotiating position, the statement on assessment of financial impact given on the Form PFU EU, and forwards them to the Coordinating CommitteeALIGNING THE CROATIAN LEGISLATION WITH THE ACQUIS COMMUNAUTAIRE
Task – to examine, review and analyse the valid regulations, to establish the existence of normative and administrative obstacles, and to propose measures for their simplification or elimination
Aim – to eliminate and simplify the existing procedures laid down in various regulations in order to boost direct domestic and foreign investments through the introduction of a friendly regulatory environment and through the mitigation of corruptionHITROREZ
Regulatory bodies will make an extensive list of regulations within their competence
In the procedure of HITROREZ, there is a set of simple questions that need to be answered with respect to each regulation:
Is it necessary?
Is it in accordance with law?
Is it business-friendly?
Is it in line with the WTO regulations?
Is it in line with the EU standards?HITROREZ
By the state administrationbodies with the right to pass the regulations,
By interested parties, like enterprises and entrepreneurs,
By the Special Unit for HITROREZ with 12 trained professionals;
Once the three examination procedures are over, the Special Unit for HITROREZ makes a list of all regulations that need to be simplified or which are regarded as unnecessary/surplus
The Croatian Government prepares the method to amend or place the regulations out of forceHITROREZ
Re-evaluation of the regulations at the level of local/regional government and self-government
Improvement of the legislative procedure by introducing a systematic analysis of the impact of legal regulations in accordance with internationally recognised standards (Regulatory Impact Assessment)HITROREZ