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THE NOTIFICATION OF NATIONAL REGULATIONS ADOPTED FOR THE TRANSPOSITION OF DIRECTIVES INTO SLOVENIA’S LEGAL ORDER

 

The notification of national regulations adopted for the transposition of a Directive into Slovenia’s legal order means a procedure during which Slovenia officially notifies the European Commission about national regulations adopted in order to ensure the transposition of Directives into Slovenia’s legal order. The obligation for this notification is based directly on the provisions of Directives, as stated by the following example:

 

Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 31 December 2005 at the latest. They shall forthwith communicate to the Commission the text of those provisions and a correlation table between those provisions and this Directive.

 

Initially, Member States informed the European Commission about the adopted national regulations in writing, by post. However, in order to ensure more efficient and, above all, timely notification of national regulations adopted for the transposition of Directives, the European Commission set up an electronic notification base (called NIM), the aim of which is to facilitate official notification of national implementing measures to the Secretariat-General of the European Commission. Only officially adopted and legally established measures can be reported as national implementing measures about which a Member State is notifying the Commission in relation to the transposition of a Directive into the national legislation. All the information contained in the electronic form used for reporting about these measures is synchronised by ASMODEE, i.e. a management database used by the European Commission services for confirming the reports and the measures conveyed by each Member State.

 
Access to the base is possible at the internet address https://webgate.ec.europa.eu/mne.  A user name and password is required.
 
The Government Office for Legislation has allocated user names and passwords to all the coordinators of the notification procedure appointed at ministries and government offices. In the NIM database it is possible to check which national regulations in relation to each Directive have already been reported to the European Commission as well as when and, consequently, which regulations the European Commission already has at its disposal when reviewing the suitability of the transposition of the provisions of a Directive into Slovenia’s legal order. Users are not able to enter data into the base, they can only review it.

 

Currently, the NIM database does not facilitate any amending of information relating to the connection between a Directive and the national regulations conveyed during previous notification procedures. This is why it is important that the data on regulations that Slovenia is reporting on is accurate and relevant.

Slovenia has set up a special system for the transposition of information relating to regulations and their content to the NIM database, which enables ministries and government offices to fulfil the obligations laid down by the Directives the transposition of which into Slovenia’s legal order is within their competence.
 
Statements about the transposition of the provisions of Directives into Slovenia’s legal order are created in the Register of Legal Acts in Force. With these statements the competent body confirms and proves that all the regulations ensuring the transposition and implementation of a Directive have been adopted. On the basis of the received statements about the transposition, the Government Office for Legislation enters the data about the regulations and their full content into the NIM database. As a complete overview over the transposition of individual provisions of Directives into Slovenia’s legal order can only be achieved with the help of a correlation table, showing in detail with which provision of the national regulation an individual provision of the Directive was transposed, it is necessary to attach such a table to the statement about the transposition. The creation of these tables enables the competent bodies to monitor any later amendments to Directives and the tables are, above all, helpful for ascertaining and identifying the necessary changes in the national legislation.

 

Because of the length of Directives and the workload of the European Commission services examining whether and in what way Member States have ensured the implementation of Directives in their national legal orders, the provisions of Directives are gradually changing. Some Directives already contain a request for correlation tables to be conveyed. However, the European Commission services increasingly frequently address the request for correlation tables either directly to the competent bodies or the Government Service for Legislation.