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 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”
APPROXIMATION OF LEGISLATION PREPARATORY WORK MoI has completed the documentary package providing the vision for the approximation of legislation and will update several others: • The professional translation of the White Paper • The methodology of approximation of legislation • Elaboration of Glossary on European legal terminology • Guidelines for approximation and implementation of acquis; • Inventory of the Albanian legislation which is in force and which will be gradually aligned with the acquis.
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 preamble -the articles as such Identifying the type of harmonization: -partial harmonization -total harmonization Screening of national legislation in the light of the Directive
Where we are? INSTITUTIONS INVOLVED IN THE TRANSLATION ISSUES • Ministry of Integration • Line Ministries • The Translation Directorate in the MI (at the beginning of 2008) BASIC STRATEGIC DOCUMENT • “National Plan for the Implementation of the SAA 2007- 2012”, approved by the Council of Ministers, in the beginning of September 2007. As the basic document to decide the annual calendar of translation as obligation of the national institutions (2008 – 2012) LEGAL BASE • Approval of the Council of Ministers Decision, no. 119, on March 2007 “On the procedures of translation of EU legislation in Albanian and of Albanian legislation in any of the EU languages” BASIC TERMINOLOGY • Manual of Precedents • Models of acts of the Council of the European Union • Unified form and terminology • Manual for the Translation of the Community Law
The role of the Ministry of Integration • Ministry of Integration: 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 central institutions 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
The role of the Ministry of Integration (2) • Ministry of Integration: 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 vice versa; FINANCIAL IMPLICATIONS for the translation issues are covered by the annual budget of the Ministry of Integration.
FOR THE 2007 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.
How it will be proceded? • At the beginning of 2008 will start the process of the translation on behalf of MoI responsibility. • The translation of EU legislation is carried out by licensed subjects for implementation of this activity, in accordance with legislation in force. • Approval of translated materials is made by a Special Commission, established on the basis of a proposal by the Minister of Integration. • Ministry of Integration, in cooperation with all line ministries determine the annual calendar for the translation of the EU legislation into Albanian and of Albanian legislation in one of the EU languages. • MI will draft, publish and distribute the EU legislation translated in Albanian documents and dictionaries on specialized terminology, for use by the civil servants involved in the process of translation of EU legislation in Albanian and vice versa
For the future needs • Capacity building of the staff of the MI on the translation issues (related to approximation of legislation) • To create the new generation of translators familiar with EU law language • MoU between the Ministry of Integration and the Faculty of Foreign Languages • Cooperation with Albanian-speaking countries (Kosova & Republic of Macedonia)