European Communities (Jersey) Law 1973: Regulations: Republic of Croatia accession to European Union: Law drafting instructions

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 28 June 2013:

Decision Reference: MD-C-2013-0067
Decision Summary Title :	European Communities (Jersey) Law 1973 – amendment to allow for the accession of the Republic of Croatia		Date of Decision Summary:	28th June 2013
Decision Summary Author:	International Treaties Manager		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Oral		Person Giving Oral Report:	Director, International Affairs
Written Report Title :	N/A		Date of Written Report:	N/A
Written Report Author:	N/A		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	N/A
Subject: Republic of Croatia accession to the European Union amending regulations
Decision(s): The Chief Minister instructed that draft Regulations be prepared under the provisions of the European Communities (Jersey) Law 1973 to account for the accession of the Republic of Croatia as the 28th Member State of the European Union with effect from the 1 July 2013.
Reason(s) for Decision: The Chief Minister instructed the Law Draftsman to prepare Regulations under the provisions of Article 1(3A) of the European Communities (Jersey) Law 1973 to account for the Republic of Croatia’s accession as the 28th Member of the European Union with effect from 1 July 2013. The purpose of the Regulations would be to give effect in Jersey to the enlargement of the E.U., so that the provisions of Protocol 3 to the U.K. Act of Accession, which governs the Island’s relationship with the E.U., will apply in relation to the expanded Union.
Resource Implications: It was not anticipated that the legislation will have any additional revenue or manpower implications for the States.
Action required: The Director International Affairs was instructed to ask the Law Draftsman to prepare draft Regulations in accordance with a brief to be supplied by the Chief Minister’s Department.
Signature:		Position: Chief Minister
Date Signed:		Date of Decision (If different from Date Signed):