Approximation of Legislation

Approximation of Legislation

Countries aspiring to join the European Union must align their legal framework with European legislation. Obligation and commitment to aligning Albanian legislation with the European one is sanctioned in article 70 of the SAA. According to this article, Albania shall endeavour to ensure that existing laws and future legislation will be gradually made compatible with European legislation, but it should also ensure that existing and future legislation is properly implemented and enforced.

The process of approximation of legislation should be understood as follows:

  • In broad legal terms, firstly, means transposition of the provisions of European legislation into national legislation, secondly, practical implementation of these provisions of this legislation by the competent national public authorities and, thirdly, ensuring practical implementation of this legislation through the court or other law enforcement agencies.
  • In practical terms, it is one of the indicators of a country’s progress towards European integration and, alignment is the quantity and quality of national laws that transpose provisions of European legislation, as well as evidence for their effective implementation in practice.

Approximation of legislation in Albania started with the signing of the SAA and will be implemented in two phases of transition. During the first phase of the transitional period of ten years, the approximation of legislation will cover some basic elements of the acquis in the field of the common market and in some other trade-related areas. The first phase will cover the approximation of legislation in areas related to competition, intellectual property, public procurement, standardization and certification of products. The second phase of the transition period will cover other areas, which are not included in the first phase.

In addition to SAA, the process of approximation of legislation in Albania is realized based on the following bylaws:

  • Decision of the Council of Ministers No. 486, dated 25.07.2012, “On the approval of the National Plan for the Implementation of the SAA (2012-2015) and, definition of institutional responsibilities in the approximation of the Albanian legislation to the EU acquis” (which is updated annually);
  • Decision of the Council of Ministers No. 201, dated 29.03.2006, “On some amendments and addenda to the Decision of Council of Ministers No. 584, dated 28.08.2003 "On the approval of the Regulation of the Council of Ministers";
  • Decision of the Council of Ministers No. 4, dated 01.07.2009, an addendum to DCM No. 584, dated 28.08.2003, "On the approval of the Regulation of the Council of Ministers", as amended.