Implementation and application of the acquis in the Republic of Slovenia
In the notification procedure, we notify to the European Commission the texts of national laws and regulations adopted to ensure the transposition of Directives into the national legal system, and report to the Government on the status of such transposition and possible delays. We also monitor and study the impact of the acquis on the national legislation and address various issues related to the implementation of the acquis and help ministries in preparing a response to the European Commission’s letters of formal notices and reasoned opinions when the latter deems that the Republic of Slovenia has infringed the EU law.
One of the tasks of the Member States in transposing the provisions of Directives into the national legal system is to keep the European Commission regularly informed of the rules adopted to ensure transposition of Directives into national law. At the EU level, the European Commission is responsible for monitoring the timely and appropriate transposition of Directives into the national legal system. In order to carry out this task successfully, Member States are required to notify the implementing measures in good time of national implementing measures.
In the initial phase of the notification process, the Member States notified to the Secretariat-General of the European Commission the national implementing acts in paper form. In order to increase the efficiency of this process and to adapt to electronically supported operations and the new circumstances following EU enlargement in 2004, the European Commission developed a specific database that allows Member States to notify the national implementing measures electronically (the so-called THEMIS database).
The notification procedure is performed on the basis of a statement on transposition, which is prepared in the information system by the ministry responsible for transposing a specific Directive.
Coordination in infringement proceedings
The Government Office for Legislation has a coordinating and cooperative role in infringement proceedings under the EU law (so-called pre-trial proceedings) initiated by the European Commission against the Member States. The Permanent Representation of the Republic of Slovenia to the European Union and any other body that receives documents from the European Commission in an infringement procedure submits them without delay to the Government Office for Legislation, which determines the ministry or government office responsible for drafting the response of the Republic of Slovenia.
The ministry or government office cooperates in preparing the response with the Government Office for Legislation and the Ministry of Foreign Affairs. The response of the Republic of Slovenia, after being coordinated, is submitted to the Government for consideration and adoption.
Sending the response of the Republic of Slovenia adopted by the Government is electronically supported in such a manner that the Government Office for Legislation, in its role as the central national manager of the EU electronic database, submits the responses to the database following a particular procedure, and the European Commission confirms their receipt.
Participation in judicial proceedings
We participate in court proceedings before the Court of Justice of the European Union by assisting ministries in drawing up the position of the Republic of Slovenia in court proceedings, which is adopted by the Government. With the position assumed by the Republic of Slovenia, the Government gives guidelines for representation to the State Attorney's Office of the Republic of Slovenia.
The deadline for taking the position of the Republic of Slovenia is set by the State Attorneys Office of the Republic of Slovenia, which also receives judicial documents from the Court of Justice of the EU and forwards them to the competent ministry or government office so that they may take a position in such regard.