Gibraltar

Gibraltar is a self-governing British overseas territory that has remained as such since 1704 and therefore when it comes down to the transposition or implementation of legislation we frequently follow the British line of policy. Nevertheless, one must take into account that due to our size (6.7 km squared) and our unitary governmental structure the transposition process may differ considerably in certain aspects of legislation. In the context of transposing EU Directives, this means that a significant amount of adaption and tailor-suiting is required in order to encompass our unique circumstance.

There are fewer actors involved in policy implementation and legislation ratification in Gibraltar which definitely contributes to a smoother and less time consuming transposition. However due to our specific situation when it comes to funding projects or financing environmental schemes outlined in an EU Directive perhaps, the costs stated in the obligation are often disproportionate with our actual size and consequent economic constraints. This needs to be circumvented through various bilateral discussions between ministers of H.M Government of Gibraltar and the relevant European organisations/bodies. This is particularly evident on the contentious issue over the sovereignty of Gibraltar's territorial waters where ministers of H.M Government of Gibraltar often embark on numerous meetings and conferences to voice the grievances of the population. Issues like these are often taken up at a higher level in the UN or in the European Parliament with the vociferous and determined delegates from the Government.

Primarily we have the involvement of the drafters who analyse the Directive, policy or legislation proposed and draft it in accordance with our current legal framework in Gibraltar. It is important to highlight that although Gibraltar is a British overseas territory it still has its exclusive laws that could be interpreted as similar to those in the UK but are fundamentally distinct and solely apply to our situation. It comes under the responsibility of the Office of Parliamentary Council and The European and International Department specifically to draft legislation (including EU directives) on behalf of the Government of Gibraltar. The OPC are comprised of lawyers and Parliamentary Counsel that have specialized in legal drafting through an extensive and comprehensive drafting course. The legal drafters work in conjunction with the appropriate minister, NGOs and government departments to ensure the adequate solutions and policy is identified before drafting of a bill takes place. Furthermore, when the transposition of EU or other international obligations is carried out, there is persistent and continued correspondence with our counterparts in the UK in order to include and inform the Gibraltar Government on a particular stance or general policy to be taken. Therefore, the continuity of the relationship with the UK government and its drafting offices is maintained and further mutually beneficial advice and counsel between the two jurisdictions provides for a simpler transposition process (despite the involvement of an additional entity). The supplementary role of the EUID which drafts legislation alongside the policy to ensure devoted compliance with any obligations that are in the process or currently implemented in law. The most voluminous of these obligations are the EU Directives that form the vast majority of our international commitments.

Following the drafting of a bill it is differed to the discretion of the Parliament of Gibraltar for approval, amendment or rejection. In the event that it were ratified, it is then assented to by the Governor (like HM the Queen assents in the UK) and then published in the Gibraltar Gazette and into the Laws and Constitution of Gibraltar. The Administration Office and Gazette is also the platform on which Gibraltar coveys its compliance with EU Directives and Regulations to the European Commission as the authoritative enforcer of the suitable adherence to EU obligations. Moreover there is also notable communication between this organisation and the Foreign Commonwealth and Development Office (as well as other UK governmental) departments in relating to any specific issues in implementing or transposing any international legislation into the Gibraltar legal framework or if any modifications are necessary.

There is a high level of compliance of EU legislation in Gibraltar. This is partly due to the fact that the UK regulates the way in which we transpose EU legislation extremely strictly and with rigorous checks in combination with a stoic posture. The UK are very much penalized for failure, inept and incomplete transposition that occurs in Gibraltar as the infraction proceeding are brought upon the UK Government on behalf of Gibraltar's supposed non-fulfillment. This further reinforces an atmosphere of undivided and astute conformity to EU Directive conditions and provides substantial pressure to ensure all legal documents are interpreted correctly and there is not any confounding or ambiguous language.