Implementation Process in Romania

The concept of actors is inherent to the implementation of a policy, whether at EU or national level. They can be individuals, or different social groups with personal interests. The way in which they interact as well as the result of their effort in achieving their interests are established by institutional factors and by rules that govern the policy process. The actors participating in the process of public policies is highly diversified: the decision makers and those who execute as well as all who can influence the content, and the way in which a decision is implemented.

The “actor” concept includes the entities within the state (ministries, commissions, agencies etc) as well as entities within the society ( unions, NGOs, think-tanks etc).Their behavior is regulated by institutions.

At the EU Level there are three main actors involving in the process of elaboration of decision: European Commission, European Parliament and the European Council.

The legislatives acts that the actors must adopt are:
 * ·        Regulations: a law which is obligatory for all Member States. It doesn’t have to be transposed into national legislation.

objective. In order to become effective, they must be transposed into national legislation. The process of implementation is up to the Member States.
 * ·        Directives: a law which binds all Member states or certain MS to achieve a specific

compulsory.
 * ·        Decision: addressed to MS, social groups or even to certain individuals. It is entirely

and advice do not have compulsory extent.
 * ·        Recommendations

The elaboration process can be explained in the linked below:

http://thumbnails-visually.netdna-ssl.com/ordinary-legislative-procedure-of-the-european-union-how-to-get-involved_543163f20753d_w1500.jpg

In the process of decision at the EU level, National Parliaments can always issue a yellow card, should they have anything to say in the legislative process.

Once a decision is taken, it is the turn of the Member States to implement it. In order to understand how it should work, we must first mention that the EU legislation is superior to national legislation which means that the national laws cannot go against it. This being said, all the documents must comply with the EU legislation. This process is closely monitored by national judges and by the EC as guardian of the Treaties. Should the Member state fail to comply, the EC issues an opinion by which the MS has the obligation to present its observations. If the Member state does not take any corrective measure, then the Commission notices the European Court of Justice which takes mandatory decisions to the questioning Member State, usually as financial sanctions.

As a first contact point between the EU institutions and the Member state is the PERMANENT REPRESENTATION OF ROMANIA to the European Union which makes sure to ensure an efficient activity of Romania as a EU member state and to promote the national positions and Romanian image at a community level.

The transposition of a decision is ensured by the National Authorities with the support for other national institutions (Ministries) involved as well as with the support from special services from the EC. Numerous institutions have relevant roles and responsibilities in the field of implementing decisions. There must be a permanent link established between each responsible body with the implementation of decision. Every decisional domain concerns different actors. For example, the policy regarding the Posting of Workers is dealt with by the National Pension House, National Labour Inspectorate and Ministry of Labour whose role is usually to coordinate the work of the other two institutions.

Sources:

http://www.um.ase.ro/no8/6.pdf

http://www.crpe.ro/wp-content/uploads/2013/05/ghid-de-consultare-ONG.pdf