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2 Rue André Pascal
75775 Paris Cedex 16
France
Tel: +33 (0) 1 45 24 82 00
Fax : +33 (0) 1 45 24 13 05
mailto:sigmaweb@oecd...
2
Workshop for legal drafters in the line ministries
09.15 – 09.30 Registration
09.30 – 09.40 Introduction to the workshop...
3
Afternoon session: APPROXIMATION IN ACTION
14.15 – 16.15
Transposition of EU legal acts into the national legislation: s...
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Programme (day 1), Transposition of EU legislation into the legal system of Turkey, Ankara 24 May 2016

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Programme day 1 of the workshop organised by SIGMA with the Turkish Ministry for EU Affairs in Ankara on 24 May 2016 on the transposition of EU legislation into the legal system of Turkey.

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Programme (day 1), Transposition of EU legislation into the legal system of Turkey, Ankara 24 May 2016

  1. 1. 2 Rue André Pascal 75775 Paris Cedex 16 France Tel: +33 (0) 1 45 24 82 00 Fax : +33 (0) 1 45 24 13 05 mailto:sigmaweb@oecd.org www.sigmaweb.org This document has been produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union, and do not necessarily reflect the views of the OECD and its member countries or of beneficiary countries participating in the SIGMA Programme. This document and any map included herein are without prejudice to the status of or sovereignty over any territory, to the delimitation of international frontiers and boundaries and to the name of any territory, city or area. Workshop on Transposition of EU Legislation into the Legal System of Turkey: The ways and means to draft legislation with the aim of transposing the EU acquis into the national legal system PROGRAMME 24 May 2016 Ministry for EU Affairs Ankara, Turkey
  2. 2. 2 Workshop for legal drafters in the line ministries 09.15 – 09.30 Registration 09.30 – 09.40 Introduction to the workshop Morning session: APPROXIMATION OF LAWS 09.40 – 10.40 Sources of the European Union law and decision making institutional framework in the European Union 10.40 – 11.30 What is legal approximation? • Definition, types of legal approximation, main stages • The importance of the National Programme for the Adoption of the Acquis Main challenges of legal approximation Levels of legal approximation • minimum approximation • maximum approximation • selective approximation • mutual recognition of national legislations • mutual recognition of rights of control • approximation of the method of referral • Gold plating 11.30 – 11.45 Coffee break 11.45– 13.15 Methods of legal transposition • Legal approximation techniques o Logical transposition with reformulation o Literal transposition o Transposition by reference • Transposition of main EU secondary legal instruments o Transposing of a Directive (title, preamble, reasoning, text, annexes) o Transposing of a Regulation o Transposition of decisions o Transposition of recommendations and opinions • What to do with the case-law of the Court of Justice of the European Union? • EU soft law from the perspective of legal harmonisation Do’s and Don’ts • Principles of correct legal approximation • Practices to be avoided 13.15 – 14.15 Lunch break
  3. 3. 3 Afternoon session: APPROXIMATION IN ACTION 14.15 – 16.15 Transposition of EU legal acts into the national legislation: step by step Checklist for the legal drafters (with practical exercises) • Step 1: National priorities for legal harmonisation • Step 2: Identification of the EU legal act and understanding the rationale behind it • Step 3: Analysis of the national legislation – familiarisation with the existing Turkish legal framework • Step 4: Choice of the right type of domestic legal act for transposition (in accordance with the Constitution of Turkey) • Step 5: Legal drafting and legal transposition – from the legal basis to the final provisions • Step 6: Tables of Compliance and the Statement of Compliance • Step 7: Opinion on Compliance and/or Legal Opinion • Step 8: Submission to the Government/to the Parliament 16.15 -16.30 Concluding remarks SIGMA experts: • Anita Németh, Hungary • Réka Somssich, Hungary • Marija Pejčinović Burić, Croatia • Erika Bozzay, SIGMA

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