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.

* ·        Directives: a law which binds all Member states or certain MS to achieve a specific

objective. In order to become effective, they must be transposed into national
legislation. The process of implementation is up to the Member States.

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

compulsory.

* ·        Recommendations

and advice do not have compulsory extent.

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