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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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
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
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