A Practical Guide to EU Law Approximation for Candidate Countries

26/11/2018 - 27/11/2018
Location: Luxembourg (LU)
Project number: 1851201

A Practical Guide to EU Law Approximation for Candidate Countries

From:  830,00

This two-day programme focuses on the implementation obligations, the law approximation process, national coordination of the law approximation efforts, notification to the Commission and the consequences of non-, incomplete or late implementation.

Through a combination of presentations, case studies and group work, discussions and exchanges of experience, this workshop provides a practice oriented overview as well as tools and skills in response to political, legal, economical, process and managerial questions related to implementation of EU policies and law at the national level.

This two-day programme focuses on the implementation obligations, the law approximation process, national coordination of the law approximation efforts, notification to the Commission and the consequences of non-, incomplete or late implementation.

MONDAY 26 NOVEMBER 2018

 

08.45

Registration of participants

 

 

09.00

Welcome and mutual introduction to the seminar and participants’ expectations
Peter Goldschmidt, Director EIPA Luxembourg, and participants

 

 

09.30

Linking EU and national legislation
Treaty obligations regarding implementation, self-imposed legal obligations (acquis) and definitions and structure of EU legal acts will be reviewed and discussed. Also questions related to the so-called “soft law” and approximation versus harmonisation” will be considered.
Method: presentation, questions and discussion
Peter Goldschmidt

 

 

11.00

Coffee break

 

 

11.15

Workshop I: Identifying legal acts after Lisbon
Working in groups, the participants will be asked to analyse legal acts (regulations, directives, decisions and delegated acts) and identify obligations in terms of implementation measures, organisational and reporting requirements, time limits, etc.
Method: group work and discussion of the results in plenary
Tomasz Kramer, Lecturer, EIPA Luxembourg and participants

 

 

12.45

Lunch break

 

 

13.30

Practical reflections on the link between general principles of law and the quality of legal drafting
On one hand, high quality of legal drafting contributes to the attainment of rule of law and respect of general principles of law such as legal certainty, legitimate expectations and equal treatment. On the other hand, due regard paid to the abovementioned principles should guide the practice of legal drafters. This session will provide a brief introduction to practical aspects of legal drafting: hints and tips, good and bad examples when transposing a piece of EU legislation.
Method: presentation, questions and discussion
Tomasz Kramer

 

 

14.45

Coffee break

 

 

15.00

Workshop II: National EU law implementation strategies, planning and consultation of stakeholders
This session introduces two important aspects of EU law implementation:

  • Strategic considerations: Before starting the actual drafting of the legislation, which will introduce the EU legal act into national law, the drafter must be clear on what the EU legal act – and thus the national legal legislation – seeks to achieve (i.e. the objective). A strategy is about identifying your options and preferences to achieve this goal and then create a plan how to reach the goal.
  • Items affecting the planning of the law approximation process: All, who are affected directly or indirectly by a piece of legislation, will have
    • a role to play in the preparation and/or in the actual application of the legislation; and
    • special concerns, needs and interests to be considered.

Hence, when planning the implementation of an EU legal act at the national level, we must consider time and processes for consultation of stakeholders as well as for determining relations between ministries and agencies and the ever important questions: Who does what and who takes the lead? After a review of the strategic considerations, the participants will identify national tasks, relevant stake holders (national authorities, social partners and NGOs, local and regional authorities, etc.), sources of information and other elements to consider when planning the implementation process.
Method: presentation, group discussion and debriefing in plenary
Peter Goldschmidt and participants

 

 

16.45

End of first day and reception

 

 

TUESDAY 27 NOVEMBER 2018

 

08.45

Arrival and registration of participants

 

 

09.00

Implementing measures and administrative capacities
Building upon the previous day’s sessions, this session reviews the national implementation measures, which Member States need to introduce into national law, when transposing directives and establishing the legal and organisational frameworks to apply and enforce regulations.
Method: questions and short presentations
Peter Goldschmidt

 

 

09.45

Delegation and coordination at the national level
This session pays particular attention to the importance of national coordination when deciding upon delegation and adopting implementation measures as well as the reasons why. Also the links between the implementers and those, who prepare the national plans for the adoption of the EU acquis (and, in EU Member States, those, who negotiate the EU legislation to be implemented).
Method: presentation and discussion

Peter Goldschmidt

 

 

10.45

Coffee break

 

 

11.00

Formalities not to be forgotten: notification instruments
Upon completing the national law approximation process, Candidate Countries must notify the Commission of the result. Although attempts are being made to streamline these notifications, various notification instruments are still being used by different countries. Special attention will be paid to Correlation Tables and Tables of Concordance, and their uses as planning instruments will be reviewed.
Also the EU Member States have to notify to the Commission and/or the Council when they have transposed or otherwise implemented EU legislation at the national level.  This session will conclude with a brief introduction to the Member States’ notification obligations.
Method: presentation, Q&A session
Peter Goldschmidt

 

 

12.15

Lunch break

 

 

13.00

Simulation: Planning the law approximation process
The participants are divided into groups and given different tasks, which normally need to be considered when preparing a plan to implement an EU legal act. They are also asked to identify problems and come up with solutions.
Method: Introduction, group preparation and two-phase simulation.
Participants with Peter Goldschmidt

 

 

14.30

Coffee break

 

 

14.45

Debriefing of the groups
Participants and Peter Goldschmidt

 

 

15.15

Consequences of not meeting the implementation obligations
Already on the first day, we will have discussed the consequences of incomplete or non-implementation of EU law for Candidate Countries.  But what reactions can be expected for Member States’ non- or late or incomplete implementation? This session provides a practical overview of the impact of the direct effect of EU law, the principle of state liability and the infringement procedure after Lisbon.
Method: presentation and Q&A session
Igor Dizdarevic

 

 

16.30

Conclusions, evaluation and end of workshop

Course venue
European Centre for Judges and Lawyers – EIPA Luxembourg
Chambre des Métiers Building
Circuit de la Foire Internationale, 2
1347 Luxembourg

Programme Organiser
Ms Juliette Boussuge-Mollicone
Tel: +352 426 230 304
j.boussuge@eipa.eu

Fee
The fee includes documentation and refreshments. Lunches, a reception or dinner are included if mentioned in the programme. Accommodation and travel costs are at the expense of the participants or their administration.

Discounts
EIPA offers a 10% discount to all civil servants working for one of EIPA’s supporting countries, and civil servants working for an EU institution, body or agency.

Who are the supporting countries?
Civil servants coming from the following EIPA supporting countries are entitled to get the reduced fee: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Lithuania, Luxembourg, Malta, the Netherlands, Norway, Poland, Portugal, Spain, Sweden, United Kingdom.

For all other participants, the regular fee applies.

Meals
Special dietary requirements (e.g. vegetarian, diabetic) can be indicated once you receive the confirmation of the seminar.

Hotel reservations
EIPA has special price arrangements with a number of hotels. All rates are including breakfast and tourist tax. Should you wish to make use of this possibility, please book directly via the links below. Payment is to be made directly and personally to the hotel upon checking out. At the time of booking, please mention in the requested field the reservation code: EIPA, unless indicated otherwise.

Kirchberg

City Centre

Surroundings

Confirmation
Confirmation of registration will be forwarded to participants on receipt of the completed online registration form.

Payment
Prior payment is a condition for participation.

Cancellation policy
For administrative reasons you will be charged €150 for cancellations received within 15 days before the activity begins. There is no charge for qualified substitute participants.

EIPA reserves the right to cancel the activity up to 2 weeks before the starting date. In that case, registration fees received will be fully reimbursed. EIPA accepts no responsibility for any costs incurred (travel, accommodation, etc.). 

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