Compatibility with EC/EU legislation

Brief History

In 1994, Decision of the Government of the Czech Republic No. 631/1994 of 9 November stipulated the tasks of a specialised body for the European legislation, such body becoming an independent unit for compatibility with EC law under the Office for Legislation and Public Administration (OLPA). The Vice Prime Minister, who was assigned to manage OLPA, was responsible for the coordination and methodology of the work related to the approximation of the laws of the Czech Republic with EC law, so as to fulfil the Czech Republic’s obligation arising from the Europe Agreement Establishing an Association concluded between the Czech Republic, of the one part, and the European Communities and their Member States, of the other part, through this unit.

Pursuant to Act No. 272/1996 Coll., amending the Act on Establishment of Ministries and Other Central Authorities (Act No. 2/1969 Coll.), the responsibilities of the Office for Legislation and Public Administration, which included the independent unit for compatibility with EC law, were assigned to the Ministry of Justice of the Czech Republic. In 1997, the independent unit for compatibility with EC law was made into a department.

The Department for Compatibility with EC Law became a part of the Office of the Government of the Czech Republic in March 1999. Due to this fact, the department can now better fulfil its role of coordinating and consulting point for the whole public administration.

Structure of the Department for Compatibility with EC Law

  • Unit of Analysis and Consultations
  • Unit for Information on Compatibility with EC law
  • Coordination and Revision Centre
  • Unit for Legislative Procedure of the EU

Until 1998, the Department for Compatibility with EC Law consisted of two units: Unit of Analysis and Consultations and Unit for Information on Compatibility with EC Law. Pursuant to Government Decision No. 645/1998 of 30 September 1998 on providing translation of European Community law, a new unit named Coordination and Revision Centre was established. In June 2005, the fourth unit of the Department for Compatibility with EC Law was created: Unit for Legislative Procedure of the EU.

Unit of Analysis and Consultations

The Unit of Analysis and Consultations provides consultation services during the implementation of EU law into the Czech legal system. For this purpose, it provides statements on the level of compatibility of a draft legal act of the Czech Republic with EU law. The statements are delivered at the stage of the commentary procedure (it is a compatibility statement addressed mainly to the body responsible for drafting of the relevant act) and afterwards at the stage of negotiating the draft at the government level, as a rule in the Legislative Council of the Government (i.e. a revision statement). The presented draft act is re-assessed in the revision statement as regards the level of compatibility with EU law achieved after the commentary procedure. Besides it, the unit delivers statements to problems of a general conception encountered by ministries during their legislative activities and it prepares analyses and papers for this purpose.

Besides the tasks in the legislative process of the Czech Republic which are set in detail by the Government Legislative Rules (approved by the Government Decision of 19 March 1998 No 188, as amended) and in particular in the methodical instructions (approved by the Government Decision of 12 October 2005 No 1304), the unit prepares ad hoc statements to relevant problems resulting from implementation of legal obligations ensuing from the EU law/membership of the Czech republic in the European Union.

Unit for Information on Compatibility with EC Law

Unit for Information on Compatibility with EC Law provides informational support for all the agenda concerning the implementation of EC/EU law into the legal system of the Czech Republic. For this purpose the Information System for the Approximation of Law (ISAP) has been used for the past 10 ten years. Databases contained in the ISAP serve as a source of legislative information for the ministries and other bodies of the state administration; they are used for generating the statistical surveys for the government of the Czech Republic and for the data-export to the official databases of the Secretariat General of the European Commission.

The bodies of the state administration also use ISAP for gaining and addressing information relating to the EC/EU legislative acts from the moment of their creation on the EU level (the proposals of all the kinds of EC/EU legislation in the form of the documents of the European Commission and the Council of the EU and all kinds of state positions which are discussed in the Council of the EU) and for maintaining cooperation between the government and both chambers of the Parliament during the legislative process.

This Unit allocates the coordination roles to the bodies of the state administration, which are factually responsible for the agenda concerned in both - the proposed and the published EC/EU legislative acts. After the publication of a piece of legislation in the Official Journal of the EU the Unit monitors the measures of its implementation and the compatibility of such measures with the EC/EU law.

Besides the aforementioned the Unit guarantees all the activities connected with the process of notification of the national transposition measures to the Secretariat General of the European Commission, including the inspection of data for carrying out the notification.

Coordination and Revision Centre

Until 2005, the Coordination and Revision Centre provided Czech versions of legal acts of the European Union in its complexity, i.e. it co-ordinated translations and made their revisions ensuring accuracy of these translations. The availability of revised translations of the primary and secondary law of the EU was a precondition for the official Czech version of those documents that were published in the Special Edition of the Official Journal of the European Union after the accession of the Czech Republic to the European Union.

At present, the main task of the Centre is to provide translation of the jurisprudence of the Court of Justice of the EC. As another task, it participates in meetings of the Lawyer-Linguists Group of the Council of the European Union so as to present linguistic and legal comments on draft acts of the European Union. Further, under the Government guideline for negotiation, internal discussion, implementation and termination of international agreements, it assesses the accuracy of translation of agreements and decisions that were not negotiated in the Czech language.

Unit for Legislative Procedure of the EU

Unit for Legislative Process of the EU is focused on monitoring the analysis of the impact that the draft and proposals of European Union acts have on the legislation of the Czech Republic. The objective of this monitoring is to create an overall survey of the possible impacts of the draft legislative acts as far back as the process of its adoption in the institutions of the EU. Continuous analysis of the legislative impact of the draft EU legal acts serves the timely preparation of the implementing acts and lowers the risk of not meeting the legislative obligations ensuing from the membership of the Czech Republic in the European Union. The classification and updating of information about impacts of the draft legislative acts is pursued through a specialized database, which is part of the Information System for the Approximation of Law (ISAP).

The participation of the officers of the Unit for Legislative Process of the EU on meetings of Ministerial Coordination Groups and the interministerial Committee for the European union (V-EU) ensures close cooperation with individual departments and other bodies of the state administration.

Contacts

Secretariat of the Department
Naďa Šamonilová
tel.: 296 153 192
fax: 296153132
e-mail: samonilova.nada@vlada.cz

Secretariat of the Unit of Analysis and Consultations
Jana Korousová
tel.: 296 153 468
e-mail: korousova.jana@vlada.cz

Secretariat of the Unit for Information
Martina Turynová
tel.: 296 153 393
e-mail: turynova.martina@vlada.cz

Secretariat of the Coordination and Revision Centre
Lenka Kubíčková
tel.: 296 153 207
e-mail: lenka.kubickova@vlada.cz

Secretariat of the Unit for Legislative Procedure of the EU
Miroslav Bílek
tel.: 296 153 217
e-mail: bilek.miroslav@vlada.cz


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