Angajamentele Republica Moldova – Uniunea Europeana cu privire la armonizarea legislatiei si prioritati nationale in cadrul armonizarii legislatiei - Moldavia Republic – European Union Commitments concerning law approximation and National priorities for law approximation (Romanian version)
The experience from new EU Member States undoubtedly is that to be ready for membership of the European Union is not only a political and economic question, but also a legal one. EU law and law approximation of national laws should therefore not be underestimated. Proof that adaptation to EU law is becoming a serious task in the fulfilment of foreign obligations assumed by the Republic of Moldavia is provided by the Partnership and Cooperation Agreement (PCA), concluded between Moldavia and the European Communities and their Member States, future negotiations for a further step in bilateral relations in a form of Association Agreement (AA) between Moldavia and the European Union, and by the legal acts adopted by Moldavia as the organisational procedures and legislative techniques set by the Law no.780-XV from December 27, 2001 on legislative acts, Law no.317-XV from July 18, 2003 on the normative acts of the Government and other central and local public administration authorities and Government Decision 1345 of November 24, 2006 regulating the Approximation Mechanism for National legislation with the Community Acquis Communautaire. The Partnership and Cooperation Agreement (PCA) concluded between Moldavia and the European Communities and their Member States, already provides for Moldavia’s obligations with regard to legislative approximation. Namely, under Article 50 of the PCA, Moldavia committed to ensuring that its legislation will be gradually made compatible with that of the Community. More and deeper obligations to approximate or transpose legislation will arise from the conclusion of the future Association Agreement. Eventually, this may be followed by an expressed intention to join the European Union which then results in the requirement for full transposition. In this context, considerations of EU law will become a larger part of the day-to-day work of Moldavian state officials involved in lawmaking. This will apply both to the preparation of new draft laws and the amendment of existing ones. In practice, if we use a purely legalistic approach concerning the PCA, we could face the interesting paradox that there is no EU legal act with which Moldavia must harmonize. Namely, all PCA provisions that address the issue of legislative harmonisation are general in nature and politically binding but have no direct effect in relation to the direct establishment of rights and obligations in the internal legal order. On the other side, there will be no further progress towards EU integration without progress on law approximation. Thus, we can conclude that already now there are obligations (as for example consequences of the membership of the South-East Europe Energy Community, and efforts in negotiations to conclude Association Agreement) which require great efforts in law approximation. The future Association Agreement will include clear tasks not only on establishing a free trade area but also on legal reform in other specific sectors. A jointly established monitoring system, followed by annual reports from the EU on implementation of the agreements.
Volume (Year): 1 (2010)
Issue (Month): 5 (Decembrie)
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