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Technical assistance to Draft Trade Laws Approximating economic legislation to EU law

Technical assistance to Draft Trade Laws Approximating economic legislation to EU law. EAR Programme Manager : Georges Papagiannis Team Leader: Alexandre Cordahi Key Experts: Hans-Juergen Zahorka, François Souty. Why? Objectives. Approximation to EU law

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Technical assistance to Draft Trade Laws Approximating economic legislation to EU law

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  1. Technical assistance to Draft Trade LawsApproximating economic legislation to EU law EAR Programme Manager : Georges Papagiannis Team Leader: Alexandre Cordahi Key Experts: Hans-Juergen Zahorka, François Souty.

  2. Why? Objectives • Approximation to EU law to fulfill SAA/IA obligations. According to art. 5 of the Law on Government the Book of Rules of the Government (15 May 2001) prescribes (art. 66) the procedure and content of all bills, “Proposals of enactment of a law” must be accompanied by: • the justification for such a new measure • the legal basis and need for by-laws • the economic and financial impact • the compatibility with EU legislation • Consistency of national legislation • Effectiveness in implementation: to avoid the transplant effect (law on paper not in action).

  3. How?Activities Assisting the MoE & stakeholders: • Assessing legal options & implications in the lights of approximation; • Approximating relevant legislation (primary and secondary) in cooperation (whenever necessary) with stakeholders & other donors; • Implementingthe chosen options through proper texts, institutional set-up, procedures & techniques, capacity building, training, communication & consultation.

  4. What? The Market-economy legal framework Business law • Traders & Company Law (draft law) • Consumer law (draft law & n by-laws) • Trading activities ( draft law & n by-laws), etrade • Market inspectorate (modernisation, amend law) • Competition law (draft law & institutionnal set-up) • Personal Data Protection (draft law & institutionnal set-up) • International Commercial Arbitration (draft law) • Chamber of Economy (draft law & set-up) Public Economic Law • State aid (Capacity-building & 3 By-laws) • Public Enterprises (amend law) • Utilities & municipalities (strenghten instruments & capacities) Law-Making Process • Guidelines for improving economic legislation

  5. Who? Stakeholders (about 700 persons) • Drafting & working groups • Other donors & projects: coordination & synergies with D, Fr, Austria, Greece, Slovenia, Ch, S, USAID • SMEs, business & consumer protection associations • Legal professions • Municipalities • Universities • Media Weakness? • Judges • Economic Policy Committee of the Parliament • Politicians

  6. Input • Team Leader (fr) & 25 EU Experts representing 8 EU nationalities: 930 days (about 630 done). • 5 Senior national experts with a larger panel of local expertise: 396 days (about 200 done) • A team of full time 5 junior experts & staff • 1 million EURO

  7. Outputs • Weekly participation & advise in drafting groups; • 2000 pages translated of key EU/Mak/EU documents; • 25 high level reports with concrete comments, recommendations, EU law correspondence notes (tables or linear), comparative analysis with EU member States; • Continuous advising for institutional set up & implementation: Independent Administrative Bodies (Competition, State Market Inspectorates, State aid, Chamber of Economy, PDP); • Weekly on-demand consultations: apportioning primary and secondary legislation, • Comparative experience learning through 3 study missions in 5 countries for 24 Officials

  8. Outputs(continued) • Bi-monthly training sessions on skills in effective legislative drafting, communication, advising & negotiation, administration & management. • 8 Focus Group sessions (sample of 65 persons representing mayors & counselors, consumers, lawyers, business & banking, inspectorates…) • 6 Consultation workshops (≥240 participants) • 5 Public Meetings & debates (≥400 participants) • Publications • Regular training handbooks and workshop reports with practical material & case studies. • 1 Manual (& CD Rom) with key articles on approximation • 2 Training videos • 1 Website

  9. Company Law • Most suggestions were incorporated in the law (eg clear definitions) to facilitate implementation by all stakeholders • Simplification of registration procedure as a precondition for attracting foreign investments and commencement of new businesses • Publicity and transparency of the Trade Register • Strengthening & protecting minority shareholders and third parties’ rights • Transposition of the EU Directives, such as provisions pertaining to: • Disclosure of company’s documents and data and publicity requirements (transposition of First Directive) • Commercial books and accountancy of companies (transposition of the Fourth and the Seventh Directive) • Criteria related to establishment and operation of joint-stock companies (transposition of Second Directive) • Conditions related to mergers and divisions of companies (transposition of the Third and the Sixth Directive) • EEIG & others…

  10. Competition Law Providing key suggestions for the institutional set-up: establishing a Commission for the protection of competition (Articles 6 & 26) Introducing the principles of collegiality, independence and accountability Ensuring the separation of the phases-function of investigation and decision-making (Article 30) Harmonizing the Law with the EU legislation, particularly provisions pertaining to: Prohibited agreements and decisions - Article 81 of EU treaty (Article 7) Exemptions from the general prohibition - Article 81 (3) of EU Treaty (Article 8, 9, 10) Abuse of dominant position - Article 82 of EU Treaty (Article 14) Mergers of undertakings - Regulation 4064 and 447 of ECC (Article 17) Publication of the Competition Commission’s decisions and disclosure of data (Article 46)

  11. To-days impact: 3/5 on a scale from 1 (weak) to 5 (high) • Company Law : 4 compliance, 2,5 simplification, 4 consistency, 1 agenda; • Consumer law: 3 compliance, 3 presentation, 2 consistency & agenda; • Trading activities: 2 liberalisation, 3 key aspects • Market inspectorate: 3 capacity-buidling & 5 agenda • Competition law: 3 institutionnal set-up • Personal Data Protection: 3 draft law 1 agenda (EC comments) • International Commercial Arbitration: 5 (initiative and UNCITRAL model law) • Chamber of Economy: 3 draft law, 2 set-up. • State aid: 2 Capacity-building, 1 independence (too late) • Public Enterprises: 3 draft law but for the time being 2 consistency & effectiveness with: • Utilities & municipalities (strenghten instruments & capacities) 1 to-day • Guidelines for improving economic legislation (planned) Impact anticipated by the end of the project: ≥3,75/5 Modifications, training, public awareness and implementation The above grading do not take into account the appraisal and evaluation of the beneficiaries which tend to consider that the rating is between 4 & 5.

  12. Challenges for 2004-2005 • Increasing the links between legal approximation and economic reforms (SMEs, municipalities, market administrative bodies); • Changing the law-making approach (old style) to a more participative & coordinated process; • Developing a service and support oriented function towards: • Entrepreneurial interest • Consumers • Increased concerted guidance (EC, Delegation + EAR, EU member states representatives) to an enhanced SEI towards: coordination credibility, rule credibility, support credibility.

  13. DTL Mission Statement Better law-drafting is better governance

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