The challenge of continuous improvement in legislative drafting


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A workshop on building capacities for legislative drafting with the Legislative Secretariat in Montengero 26 May 2014.The purpose of the workshop is to initiate discussions in Montenegro about how the quality of legislation can be improved and how capacities in legislative drafting can be developed in officials in the Public Service in Montenegro by reference to experiences elsewhere.

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The challenge of continuous improvement in legislative drafting

  1. 1. © OECD AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU The Challenge of Continuous Improvement in Legislative Drafting Edward Donelan, SIGMA Monday 26 May 2014, Hotel Podgorica Building Capacities for Legislative Drafting:
  2. 2. AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU Where legislative drafting fits into the work of government 1
  3. 3. AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU Different Approaches to Legislative Drafting cl, cv l USA, Balkans 2
  4. 4. AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU Characteristics of good quality legislation: primary and secondary  Underpinned by a clear set of principles  Coherent style set out in a Guide  Well written (because and despite of the characteristics of legal language)  Predictable uses of techniques and structures, for example,  Substantive provisions  Adjectival provisions  Amendments  Repeals  Commencement and transitional provisions  Accessible 3
  5. 5. AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU Recent efforts to meet the challenge of Continuous Improvement in Legislative Drafting  OECD  Council Recommendations  Member country activities  EU  Member States  Institutions of the EU  Policies  Tools  Regulatory Impact Assessment  Consultation  Simplification  Institutions 4
  6. 6. AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU How to improve the quality of drafting  Clear separation of policy formulation and legislative drafting  Guidelines, training and continuity of personnel  Accessible legislation  Regular reviews  Consolidation  Good understanding by drafters of steps in drafting:  Analysis  Design  Composition  Review 5
  7. 7. AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU How to build capacities in regulatory management so as to improve legislation  Slowly  A good review of the current situation is a good start  Identify a group of experts and encourage them to consolidate their collective knowledge in a guide that should be widely consulted and updated regularly  Develop training courses built on the Guide  Critical success factors:  Political support (experience of PA interesting), Administrative continuity  Link drafting with wider goal of policy making and Public Administration Reform. It should not be an afterthought  Manage the stock of legislation and make it accessible 6
  8. 8. AjointinitiativeoftheOECDandtheEuropeanUnion, principallyfinancedbytheEU What was all that about?  How to judge the quality of legislation?  How to judge the legislative process?  What are the different approaches to legislative drafting in the world?  What is involved in drafting legislation?  Recent efforts OECD and EU to bring about continuous improvements in legislative drafting 7