EU I SRBIJA: OD OBAVEZE USAGLAŠAVANjA NACIONALNIH PROPISA SA PROPISIMA EU I NjIHOVE PRIMENE DO PRELAZNIH ROKOVA

Todić Dragoljub (Институт за међународну политику и привреду, Београд), d.todic@diplomacy.bg.ac.rs
Dragišić Nikola (Адвокатска канцеларија Томашевић, Београд), dragisicnikola@yahoo.com

The authors discuss certain elements in the three linked processes of importance for the negotiations of the Republic of Serbia (RS) with the European Union (EU): the process of harmonization of national legislation with EU legislation, the process of implementation of the legislation and practice of contracting transitional periods. In the first part of the paper there have been highlighted the weaknesses of the existing procedures for the preparation and adoption of regulations and harmonization of national legislation with the EU’s. This, above all, from the standpoint of the need to identify the real capacity of the economy and society to accept the standards of a new legal system such as the EU system. The second part of the paper points to certain assessments of the situation and problems in the implementation of legislation in the RS. The third part of the paper examines the practice of other countries that agreed transitional periods for the implementation of EU secondary legislation in their EU accession treaties. The author points to the need for the negotiation process to address adequately the possibility of contracting appropriate transitional periods, taking into account the fact that there are weaknesseses in the system of harmonization of national regulations and their implementation. The main thesis discussed in this paper is that due to weaknesses in the harmonization of national legislation with that of the organization, as well as the weaknesses in the implementation of the regulations, there is a need to make appropriate changes in the process of harmonization of national legislation with the EU’s and to carefully study all elements relevant for negotiation’s position of the RS, as well as possibilities and needs of contracting transitional periods for the implementation of certain EU legislation.

Ključne reči: EU, Serbia, negotiations on membership, harmonization of national regulations, implementation, regulatory impact assessment, negotiating position, transitional periods