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Lawsourcing and PLS in the area of renewable energy


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This is a presentation for the RES workshop on 7 May 2019 in Athens, Greece. It includes comments on the state of play in legislative drafting and assesses the possibility of utilizing lawsourcing to advance the interests of the RES community. Finally, the relatively new concept of Post Legislative Scrutiny (PLS) is presented. Both tools are discussed in the light of new developments in the energy sector.

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Lawsourcing and PLS in the area of renewable energy

  1. 1. Lawsourcing and PLS in the area of Renewable energy Dr. Fotis Fitsilis Scientific Service Hellenic Parliament 7 May 2019
  2. 2. Structure of presentation 1. Motivation 2. Lawsourcing: what is it? 3. Post Legislative Scrutiny (PLS): a new parliamentary function? 4. Application in the area of renewable energy 2Structure
  3. 3. 1. Motivation  State of play in standard legislative approaches  Legislative follow up in the form of parliamentary control  The rise of PLS  Necessity for new tools and methods 3Motivation
  4. 4. 2. Lawsourcing  Legal crowdsourcing (“lawsourcing”)  “Crowdsourcing” term coined in 2005 by How & Robinson (Wired mag.)  Prominent examples: Wikipedia & Kickstarter  Prerequisites:  Open call format  Large network of laborers  A viable means of “production” 4Lawsourcing
  5. 5. Application in the area of law  Crowdsourced funding of lawsuit (see Dorian Nakamoto v. Newsweek)  Crowdsourced constitution (see Icelandic constitutional process)  Crowdsourced legislation (see relevant effort from California Assemblyman Mike Gatto on probate legislation)  method to achieve (legal) goals & reforms 5Lawsourcing
  6. 6. 3. Post Legislative Scrutiny  Evaluating laws or administrative acts is a standard parliamentary function  Parliamentary control / oversight  Level of capacity in parliaments may vary  Written and oral questions  In need of a new parliamentary function? 6PLS
  7. 7.  A recent development  Strengthens the parliamentary oversight on the implementation of legislation  May increase parliaments’ leverage against the executive  Broad concept along two main lines: 1. the legal dimension assessing the enactment of the law and 2. the impact dimension assessing to what extent the policy objectives of the law have been met What is PLS? ‘The act of evaluating laws that a parliament has passed’ (De Vrieze & Hasson 2017) 7PLS
  8. 8. 4. Application in the area of RES  Copying from the workshop’s topics for discussion  Session II: Regional Consultations & Policy Issues  “Enabling legal and regulatory conditions for the uptake of models for renewable energy aggregation”  “RES policy for Med Area & Islands” 8Application
  9. 9. Forms of application Lawsourcsing  Access the knowledge of the entire expert base  Work beyond official public consultation platforms and channels  Use the leverage of the RES community PLS  Exercise pressure to policy and law makers  Help establish new ways of parliamentary scrutiny  Aim at participatory approaches 9Application
  10. 10. The end (or just a new beginning?) For more information contact me:  (institutional)  (personal)  (personal web)  (crowdsourcing platform) 10The end