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THE NOTIFICATION OF THE FULFILMENT OF OTHER OBLIGATIONS AND NATIONAL REGULATIONS ADOPTED FOR THE IMPLEMENTATION OF OTHER LEGAL ACTS OF THE EUROPEAN UNION

 

Member States must often participate in areas regulated by Regulations and Decisions, i.e with directly applicable legal acts of the European Union, which do not allow Member States to adopt legal acts that would be in contradiction with the content of an EU legal act or which would quote its content, even verbatim. Of course, this does not mean that Member States can not or must not regulate anything in these areas.

 

Often even the legal acts themselves place certain obligations on Member States: for example, the notification of the body responsible for the implementation of the legal act or other duties, the conveyance of reports, opinions and any deviations, the regulation of possibilities defined in the legal act at the national level, or even the adoption of certain regulations.

 

The aim of these measures is to ensure an efficient implementation of the provisions of legal acts in every Member State. In addition, member states must set out fines or other sanctions for failure to adhere to the provisions of these acts if the acts specify this or if comparable infringements of national regulations are sanctioned in this way (the duty of the state to ensure an effective implementation of the provisions of EU legislation). Often it is necessary for Member States to adapt their own regulations to these legal acts.


The notification of national legal acts adopted on the basis of or for the implementation of European Regulations and Decisions and the notification of the European Commission on the fulfilment of other obligations are not carried out within the framework of the European Commission’s notification database, as it contains only information about national regulations adopted in relation to the transposition of Directives.

 

Instead, the notification in relation to the above legal acts is carried out by the competent body itself so that it sends a letter to Slovenia’s Permanent Representation to the EU in which it requests that the letter be sent to the Secretariat-General of the European Commission (it may also state to which Directorate General or Service of the European Commission the letter should be sent, if this is known to the sending body).
 
The Government Office for Legislation, in close cooperation with departmental bodies and on the basis of the recommendation of the Permanent Representation to the EU on how to act in such cases, has established that it would be a good idea to make it possible to see whether these notifications have been carried out. Therefore during the analysis of newly adopted EU legal acts requiring that Member States introduce certain measures and about which data is regularly entered into the Register of Legal Acts in Force by the Government Office for Legislation, any obligations are singled out and mentioned separately in the Register. The Register also enables the competent departmental bodies to record every fulfilled obligation. This function facilitates insight into the fulfilment of obligations placed upon the Republic of Slovenia by specific legal acts of the European Union, and ensures a constant overview of the status quo.