The purpose of this Legal and Institutional Situation Report is to identify events that in the second semester of 2011 have impacted the legal and institutional systems as a continuation of previous studies.
This report has been elaborated from the continuous and systematic monitoring and analysis of the group of facts, resolutions and situations that in our judgment have had the most influence in El Salvador’s legal framework, during the observed period.
The report is structured around the strategic themes that guide the work of the Legal Studies Department: 1. Rule of law and Institutionalism, 2. Legal Certainty and Public Safety, 3. Business Climate and Commerce Regulation, and 4. Transparency.
An analytical paper, prepared by IFES in cooperation with Center of Policy and Legal Reform, Chesno Civic Movement and the Committee of Voters of Ukraine.
Administrative practices in Tunisia have created discrepancies between laws regarding freedom of association and their implementation. This has hampered the work of CSOs in several ways. To address this, the document proposes alternatives like strengthening administrative capacities, clarifying legal provisions, increasing oversight of funding, and establishing transparent criteria for public funding. Regional directorates and simplified procedures are also suggested to remedy irregularities in CSO registration and publicization.
What prevents Ukraine’s system of public consultations in the central executi...ICPS
1) While Ukraine has established principles and regulations for public consultations in policymaking, these processes are not functioning effectively in practice.
2) Central executive bodies and local governments have not properly implemented rules for consultation and public participation remains tokenistic rather than meaningful.
3) Institutional weaknesses, unclear responsibilities, lack of oversight, and passive civil society have prevented public consultations from realizing their democratic potential in Ukraine.
The document summarizes the activities and achievements of the Centre of Policy and Legal Reform (CPLR) in 2019. Key points include:
1. The CPLR advocated for constitutional reforms in Ukraine and monitored elections, but faced difficulties engaging with new government bodies following elections. However, the CPLR remained committed to its principles and open to cooperation.
2. The CPLR's work focused on areas like constitutionalism, governance, anti-corruption and more. On constitutionalism, they advocated for limiting parliamentary immunity and published foreign constitutions in Ukrainian.
3. The elections in 2019 led to a change in government and initially low engagement with the CPLR, but their expertise was later
The Centre of Policy and Legal Reform worked on several public administration reforms in 2020:
1) Reform of the Government and central executive bodies was discussed but the comprehensive law on this was not passed. Reforming ministries' structures continued but was not fully implemented.
2) Reforming Ukraine's 136 administrative districts required adapting the territorial organization of the executive branch, and a draft law on this was submitted to Parliament.
3) Proposed amendments to civil service laws were rejected, and the competitive selection process deteriorated during the pandemic when appointments were made without competition. However, a draft law was submitted to address this.
4) A draft general administrative procedure law was adopted in first reading with the aim to regulate public services
CONTENTS
1. CPLR’s achievements over 21 years ... p.3
2. Year 2017 in constitutionalism ... p.5
3. Year 2017 in governance and public administration ... p.9
4. Year 2017 in judiciary ...p.15
5. Year 2017 in criminal justice ...p.19
6. Year 2017 in anticorruption ...p.23
7. CPLR as founder and active participant of CSOs coalitions ...p. 26
8. Analytical products and media activity ...p.29
9. Publications ... p.32
10. Budget ...p.33
Igor Munteanu, Executive Director, IDIS "Viitorul": Regulation of political p...IDIS Viitorul
The document discusses regulations governing political parties in Moldova, including constitutional provisions, the 2007 Law on Political Parties, and criticisms of the legislation. It analyzes advantages like public funding rules but also disadvantages such as restrictive territorial representation requirements and penalties for parties that do not meet electoral thresholds. The document argues some provisions conflict with European human rights standards regarding freedom of association.
The document summarizes Kenya's preparedness for its August 2017 general election. It finds that preparations have been plagued by similar problems as the 2013 election, including delays procuring election technology, rejected bills to reform campaign finance and increase gender parity, and unaddressed issues with the voter registration process. It recommends that the election commission prioritize public communication, address voter registration problems, and enforce existing laws to begin changing the pattern of electoral impunity.
An analytical paper, prepared by IFES in cooperation with Center of Policy and Legal Reform, Chesno Civic Movement and the Committee of Voters of Ukraine.
Administrative practices in Tunisia have created discrepancies between laws regarding freedom of association and their implementation. This has hampered the work of CSOs in several ways. To address this, the document proposes alternatives like strengthening administrative capacities, clarifying legal provisions, increasing oversight of funding, and establishing transparent criteria for public funding. Regional directorates and simplified procedures are also suggested to remedy irregularities in CSO registration and publicization.
What prevents Ukraine’s system of public consultations in the central executi...ICPS
1) While Ukraine has established principles and regulations for public consultations in policymaking, these processes are not functioning effectively in practice.
2) Central executive bodies and local governments have not properly implemented rules for consultation and public participation remains tokenistic rather than meaningful.
3) Institutional weaknesses, unclear responsibilities, lack of oversight, and passive civil society have prevented public consultations from realizing their democratic potential in Ukraine.
The document summarizes the activities and achievements of the Centre of Policy and Legal Reform (CPLR) in 2019. Key points include:
1. The CPLR advocated for constitutional reforms in Ukraine and monitored elections, but faced difficulties engaging with new government bodies following elections. However, the CPLR remained committed to its principles and open to cooperation.
2. The CPLR's work focused on areas like constitutionalism, governance, anti-corruption and more. On constitutionalism, they advocated for limiting parliamentary immunity and published foreign constitutions in Ukrainian.
3. The elections in 2019 led to a change in government and initially low engagement with the CPLR, but their expertise was later
The Centre of Policy and Legal Reform worked on several public administration reforms in 2020:
1) Reform of the Government and central executive bodies was discussed but the comprehensive law on this was not passed. Reforming ministries' structures continued but was not fully implemented.
2) Reforming Ukraine's 136 administrative districts required adapting the territorial organization of the executive branch, and a draft law on this was submitted to Parliament.
3) Proposed amendments to civil service laws were rejected, and the competitive selection process deteriorated during the pandemic when appointments were made without competition. However, a draft law was submitted to address this.
4) A draft general administrative procedure law was adopted in first reading with the aim to regulate public services
CONTENTS
1. CPLR’s achievements over 21 years ... p.3
2. Year 2017 in constitutionalism ... p.5
3. Year 2017 in governance and public administration ... p.9
4. Year 2017 in judiciary ...p.15
5. Year 2017 in criminal justice ...p.19
6. Year 2017 in anticorruption ...p.23
7. CPLR as founder and active participant of CSOs coalitions ...p. 26
8. Analytical products and media activity ...p.29
9. Publications ... p.32
10. Budget ...p.33
Igor Munteanu, Executive Director, IDIS "Viitorul": Regulation of political p...IDIS Viitorul
The document discusses regulations governing political parties in Moldova, including constitutional provisions, the 2007 Law on Political Parties, and criticisms of the legislation. It analyzes advantages like public funding rules but also disadvantages such as restrictive territorial representation requirements and penalties for parties that do not meet electoral thresholds. The document argues some provisions conflict with European human rights standards regarding freedom of association.
The document summarizes Kenya's preparedness for its August 2017 general election. It finds that preparations have been plagued by similar problems as the 2013 election, including delays procuring election technology, rejected bills to reform campaign finance and increase gender parity, and unaddressed issues with the voter registration process. It recommends that the election commission prioritize public communication, address voter registration problems, and enforce existing laws to begin changing the pattern of electoral impunity.
Fine Gael proposes a wide-ranging program of political and governmental reform called the New Politics. It involves four key pillars: establishing a single-chamber Oireachtas, reforming and strengthening the role of the Dáil and TDs, implementing open government measures like FOI reform, and empowering citizens. The reforms would require constitutional changes and establishing a Citizens Assembly. Fine Gael also advocates reforming the public sector, reducing quangos, and shifting power away from the top-down bureaucracy towards frontline workers and local communities.
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
This presentation by Gary Pienaar (www.idasa.org) was given at a Transparency International conference –
Zimbabwe workshop on Political Finance in the SADC Region - the South African Experience.
August 2009
See more at www.idasa.org
The Legislative and Tax Working Groups of the Business Council of Mongolia submitted comments regarding Mongolia's draft Corporate Income Tax Law. They recommend postponing discussion of the draft law to allow further review of its business implications. They identify several concerns with provisions that could negatively impact new businesses, the stock exchange, mining companies, and foreign investment. The draft law may also lack clarity and omit effective provisions, risking misuse or legal disputes. They request further contact to distribute comments from their full Working Groups.
The Centre of Policy and Legal Reform continued implementing ongoing projects from previous years in most areas of activity. A key focus in 2018 was developing the Public Law and Administration Network to involve experts from major Ukrainian cities in reform processes. The State Bureau of Investigations began operating, achieving a long-term goal of the Centre. However, many areas saw decreasing reform potential from authorities as politicians began focusing on the 2019 elections. The Centre initiated an Electoral Council to promote meaningful election campaigns focused on social issues rather than populism. 2019 will be challenging due to the elections but the Centre remains committed to supporting European reforms in Ukraine.
Regional Index_Presentation of the Recommendations and resultsPoint_conference
Albania requires public authorities to respond to FOI requests within 10 days, the shortest response time in the region. However, public servants have low awareness of transparency principles and some institutions do not properly respect or implement transparency laws. Kosovo has the highest scores in the region for integrity declarations but lowest for budget transparency, while executive and legislative powers fail to properly evaluate and monitor laws and policies. Across the region, governments score poorly on transparency, with most failing to publish materials discussed in sessions, budgets, work programs, and properly engaging with citizens.
This document outlines the learning objectives, course materials, methods of learning, and provides an introduction to the course on Administrative Law. The key objectives are to introduce students to administrative law concepts, case law, regulatory issues, and how to deal with government agencies. Students will learn through reading materials including textbooks, case law, and regulatory documents. The methods of learning will include lectures, presentations, group work, assignments and modules. Administrative law governs the powers and procedures of administrative agencies and their relationship with the public.
Tracking legislation enables organizations to limit their
exposure to such costs. With early notification of
emerging measures, organizations can have an impact
on the legislative process well before those measures
become law and related rules are adopted.
The document provides an overview of administrative law and ethics. It discusses the objectives, introduction, definitions, nature and scope, sources, agency creation and powers, administrative process, limitations on agency powers, and justification for administrative law. The key points are that administrative law governs agencies and ensures accountability, it has developed due to the expanding role of government and need for specialized and flexible dispute resolution, and its sources include enabling legislation, constitutions, regulations, and judicial review.
EU accession and the politics of anti corruption (UNDP presentation)UNDP Eurasia
The document discusses corruption issues mentioned in EU Progress Reports for candidate and potential candidate countries. It summarizes key points from reports on Macedonia, Turkey, and Montenegro. The reports generally note some progress through new laws and institutions but find corruption remains prevalent. Positives include new rules while negatives include lack of convictions and monitoring gaps. Lessons from new EU members are that corruption was a high priority but criminal enforcement focus may lack understanding of complex nature of corruption.
This document discusses two aspects of information in administrative law: agencies' ability to gather information and citizens' ability to access information held by government agencies. It covers topics like investigations, compelled testimony, sunshine laws, freedom of information statutes, privacy issues, and exemptions. The goal is to empower agencies while also providing checks on government through transparency requirements.
Senate Finance Committee Asks Members to Communicate Tax Reform PrioritiesPatton Boggs LLP
The Senate Finance Committee is asking Senators to submit proposals by July 26th detailing which tax expenditures should be maintained, repealed, or added as part of tax reform efforts. The Committee intends to take a "blank slate" approach and eliminate all special tax provisions unless there is clear evidence they help the economy, make the tax code fairer, or promote other policy objectives. Both the Senate Finance Committee and House Ways and Means Committee are committed to fundamental tax reform legislation within the next year before certain Chairmen leave their positions.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
etc. The goal of the publication is to increase the level of expert awareness among the citizens and to strengthen their
capacity to influence the government authorities in order to expedite democratic reforms and to establish good governance
in Ukraine.
The Importance of Improving Regulatory Transparency: Public Consultation in t...OECD Governance
The document discusses public consultation in regulatory development in Indonesia. It outlines Indonesia's legal framework for public consultation, which allows public input but lacks detailed provisions and monitoring guidelines. The current practice of public consultation includes public hearings and seminars, but detailed records are not required. To improve the process, Indonesia is developing guidelines for public consultation mechanisms and raising awareness of good regulatory practices. The ultimate goals are to ensure regulations are transparent, accountable, and acceptable by incorporating meaningful public input.
This document outlines Cambodia's legal and judicial reform process from 1993-2005. It establishes foundational values of liberal democracy, rule of law, separation of powers, and individual rights. A vision and 63 interventions were developed. The goal is to establish a stable legal system upholding principles of rights and rule of law. A plan of action with 97 priorities was adopted to achieve seven strategic objectives, including improving rights protections and modernizing laws. While reforms are being implemented, a baseline study is still needed to assess gaps and ensure a sound hybrid system.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
An overview of state and federal laws, rules and regulations that govern how boards and staff of community development corporations may influence public policy.
Methodologies for mandatory disclosure initiatives
Host country legislation: Philippines Freedom of Information Bill 3732/Bill 3308
Filomeno Sta. Ana, Action for Economic Reforms, Philippines
Responding to Crisis in 140 CharactersAndi Narvaez
This document summarizes a study on how organizations respond to social media crises. It discusses four types of crises originating from employees, executives, agencies, and spokespeople. Responses often involved apologies but were perceived as most effective when they acknowledged mistakes, apologized sincerely, and moved forward constructively. The timing and context of the response also influenced perceptions. The study suggests social media training and discourse renewal strategies can help organizations prepare for inevitable social media crises.
She taught her student to value resources and not be wasteful or careless with possessions and materials. The brief lesson emphasized the importance of conserving resources and avoiding waste.
Fine Gael proposes a wide-ranging program of political and governmental reform called the New Politics. It involves four key pillars: establishing a single-chamber Oireachtas, reforming and strengthening the role of the Dáil and TDs, implementing open government measures like FOI reform, and empowering citizens. The reforms would require constitutional changes and establishing a Citizens Assembly. Fine Gael also advocates reforming the public sector, reducing quangos, and shifting power away from the top-down bureaucracy towards frontline workers and local communities.
This document provides an overview of administrative law in India. It defines administrative law and discusses the growth of administrative law due to changes in the role of the state, an inadequate judicial system and legislative process, and the need for experimentation and preventative measures. It also covers delegated legislation and the methods by which power is delegated from the legislature to administrative authorities, including the power to fill in details, include/exclude entities, impose taxes, modify statutes, and bring acts into operation. Criticisms of delegated legislation focus on the wide powers given and lack of effective control.
This presentation by Gary Pienaar (www.idasa.org) was given at a Transparency International conference –
Zimbabwe workshop on Political Finance in the SADC Region - the South African Experience.
August 2009
See more at www.idasa.org
The Legislative and Tax Working Groups of the Business Council of Mongolia submitted comments regarding Mongolia's draft Corporate Income Tax Law. They recommend postponing discussion of the draft law to allow further review of its business implications. They identify several concerns with provisions that could negatively impact new businesses, the stock exchange, mining companies, and foreign investment. The draft law may also lack clarity and omit effective provisions, risking misuse or legal disputes. They request further contact to distribute comments from their full Working Groups.
The Centre of Policy and Legal Reform continued implementing ongoing projects from previous years in most areas of activity. A key focus in 2018 was developing the Public Law and Administration Network to involve experts from major Ukrainian cities in reform processes. The State Bureau of Investigations began operating, achieving a long-term goal of the Centre. However, many areas saw decreasing reform potential from authorities as politicians began focusing on the 2019 elections. The Centre initiated an Electoral Council to promote meaningful election campaigns focused on social issues rather than populism. 2019 will be challenging due to the elections but the Centre remains committed to supporting European reforms in Ukraine.
Regional Index_Presentation of the Recommendations and resultsPoint_conference
Albania requires public authorities to respond to FOI requests within 10 days, the shortest response time in the region. However, public servants have low awareness of transparency principles and some institutions do not properly respect or implement transparency laws. Kosovo has the highest scores in the region for integrity declarations but lowest for budget transparency, while executive and legislative powers fail to properly evaluate and monitor laws and policies. Across the region, governments score poorly on transparency, with most failing to publish materials discussed in sessions, budgets, work programs, and properly engaging with citizens.
This document outlines the learning objectives, course materials, methods of learning, and provides an introduction to the course on Administrative Law. The key objectives are to introduce students to administrative law concepts, case law, regulatory issues, and how to deal with government agencies. Students will learn through reading materials including textbooks, case law, and regulatory documents. The methods of learning will include lectures, presentations, group work, assignments and modules. Administrative law governs the powers and procedures of administrative agencies and their relationship with the public.
Tracking legislation enables organizations to limit their
exposure to such costs. With early notification of
emerging measures, organizations can have an impact
on the legislative process well before those measures
become law and related rules are adopted.
The document provides an overview of administrative law and ethics. It discusses the objectives, introduction, definitions, nature and scope, sources, agency creation and powers, administrative process, limitations on agency powers, and justification for administrative law. The key points are that administrative law governs agencies and ensures accountability, it has developed due to the expanding role of government and need for specialized and flexible dispute resolution, and its sources include enabling legislation, constitutions, regulations, and judicial review.
EU accession and the politics of anti corruption (UNDP presentation)UNDP Eurasia
The document discusses corruption issues mentioned in EU Progress Reports for candidate and potential candidate countries. It summarizes key points from reports on Macedonia, Turkey, and Montenegro. The reports generally note some progress through new laws and institutions but find corruption remains prevalent. Positives include new rules while negatives include lack of convictions and monitoring gaps. Lessons from new EU members are that corruption was a high priority but criminal enforcement focus may lack understanding of complex nature of corruption.
This document discusses two aspects of information in administrative law: agencies' ability to gather information and citizens' ability to access information held by government agencies. It covers topics like investigations, compelled testimony, sunshine laws, freedom of information statutes, privacy issues, and exemptions. The goal is to empower agencies while also providing checks on government through transparency requirements.
Senate Finance Committee Asks Members to Communicate Tax Reform PrioritiesPatton Boggs LLP
The Senate Finance Committee is asking Senators to submit proposals by July 26th detailing which tax expenditures should be maintained, repealed, or added as part of tax reform efforts. The Committee intends to take a "blank slate" approach and eliminate all special tax provisions unless there is clear evidence they help the economy, make the tax code fairer, or promote other policy objectives. Both the Senate Finance Committee and House Ways and Means Committee are committed to fundamental tax reform legislation within the next year before certain Chairmen leave their positions.
The monthly information bulletin of the Centre of Policy and Legal Reform (CPLR) is dedicated to the analysis of state reforms,
in particular in the areas of parliamentarianism and elections, constitutional and judicial reforms, civil service, anticorruption,
etc. The goal of the publication is to increase the level of expert awareness among the citizens and to strengthen their
capacity to influence the government authorities in order to expedite democratic reforms and to establish good governance
in Ukraine.
The Importance of Improving Regulatory Transparency: Public Consultation in t...OECD Governance
The document discusses public consultation in regulatory development in Indonesia. It outlines Indonesia's legal framework for public consultation, which allows public input but lacks detailed provisions and monitoring guidelines. The current practice of public consultation includes public hearings and seminars, but detailed records are not required. To improve the process, Indonesia is developing guidelines for public consultation mechanisms and raising awareness of good regulatory practices. The ultimate goals are to ensure regulations are transparent, accountable, and acceptable by incorporating meaningful public input.
This document outlines Cambodia's legal and judicial reform process from 1993-2005. It establishes foundational values of liberal democracy, rule of law, separation of powers, and individual rights. A vision and 63 interventions were developed. The goal is to establish a stable legal system upholding principles of rights and rule of law. A plan of action with 97 priorities was adopted to achieve seven strategic objectives, including improving rights protections and modernizing laws. While reforms are being implemented, a baseline study is still needed to assess gaps and ensure a sound hybrid system.
The monthly newsletter of the Centre of Policy and Legal Reform is devoted to the analysis of the state reform, in particular in the areas of parliamentarism and elections, constitutional and judicial reform, civil service, anti-corruption, etc.
The purpose of the publication is to raise the awareness among citizens and to strengthen their ability to influence the state authorities in order to accelerate democratic reforms and establish proper governance in Ukraine.
An overview of state and federal laws, rules and regulations that govern how boards and staff of community development corporations may influence public policy.
Methodologies for mandatory disclosure initiatives
Host country legislation: Philippines Freedom of Information Bill 3732/Bill 3308
Filomeno Sta. Ana, Action for Economic Reforms, Philippines
Responding to Crisis in 140 CharactersAndi Narvaez
This document summarizes a study on how organizations respond to social media crises. It discusses four types of crises originating from employees, executives, agencies, and spokespeople. Responses often involved apologies but were perceived as most effective when they acknowledged mistakes, apologized sincerely, and moved forward constructively. The timing and context of the response also influenced perceptions. The study suggests social media training and discourse renewal strategies can help organizations prepare for inevitable social media crises.
She taught her student to value resources and not be wasteful or careless with possessions and materials. The brief lesson emphasized the importance of conserving resources and avoiding waste.
SlideShare es un sitio web lanzado en 2006 que permite a los usuarios subir y compartir presentaciones de diapositivas. Fue adquirido por LinkedIn en 2012. Los usuarios pueden buscar presentaciones de otros o crear las suyas propias utilizando un espacio de trabajo sencillo. SlideShare ofrece la integración con redes sociales que permite compartir las presentaciones fácilmente y acceder a estadísticas sobre el alcance y engagement de los contenidos.
Leveraging Social Media to Boost Traditional PRAndi Narvaez
This document discusses how PR professionals can leverage social media to enhance traditional PR efforts. It provides tips for using key social media platforms like Twitter, Facebook, LinkedIn, blogs, Google+, and metrics tools to engage audiences and boost visibility for clients. The presentation emphasizes that social media requires a new way of thinking about outreach but the fundamentals of good communication still apply. Professionals are encouraged to follow reporters and influencers, engage audiences with questions and multimedia, and integrate social media links into all materials to effectively measure outreach.
At the Jobvite Future of Social Recruiting event in Dallas, Texas, Jobvite executives and customers discussed how social recruiting is changing the way we source and hire candidates. In these presentations, by Dan Finnigan, Jason Daniels, Emilia and Bill Glenn, you will learn everything you need to know about social and the future of recruiting.
Current State of Personal Data Protection in Electronic Voting: Criteria and ...TELKOMNIKA JOURNAL
The document discusses personal data protection in electronic voting in Indonesia. It provides background on legal regulations related to personal data protection and issues with previous elections. It also discusses criteria and indicators for effective implementation of electronic voting, including robustness against fraud, consistency, security, privacy measures, and transparency. The document calls for simplified legal requirements and new technical solutions to design effective personal data protection in electronic voting.
MTBiz is for you if you are looking for contemporary information on business, economy and especially on banking industry of Bangladesh. You would also find periodical information on Global Economy and Commodity Markets.
Signature content of MTBiz is its Article of the Month (AoM), as depicted on Cover Page of each issue, with featured focus on different issues that fall into the wide definition of Market, Business, Organization and Leadership. The AoM also covers areas on Innovation, Central Banking, Monetary Policy, National Budget, Economic Depression or Growth and Capital Market. Scale of coverage of the AoM both, global and local subject to each issue.
MTBiz is a monthly Market Review produced and distributed by Group R&D, MTB since 2009.
Height Capital Markets | Insider Trading and Enforcement Shifts from Wall Str...Shion Kib
The case emerged when a Washington-based stock brokerage firm, Height Securities, allegedly alerted clients of an imminent government decision favoring private health insurers who participate in a Medicare program.
This document provides an overview of what constitutes good quality legislation. It discusses how there is no universally agreed upon definition or metrics for measuring the quality of policy development processes or legislation. However, there is some convergence among OECD countries and legal experts on factors that can improve quality. These include transparency in policymaking, clarity and consistency in legislation. The document also examines approaches to legislative drafting globally and criteria for evaluating legislation, such as the need for amendments, litigation, and failed enforcement.
This memorandum from the Office of Management and Budget provides clarifying guidance on the Paperwork Reduction Act in order to increase transparency and openness in government information collection. It summarizes the key requirements of the Act, including that agencies must seek public comment on proposed collections and get OMB approval. It defines what types of information and collections are and are not covered by the Act. The goal is to specify the central requirements of the Act and clarify policies to promote greater openness.
The document discusses civil justice system reforms in England and Wales that were initiated in the 1990s. It notes that Lord Woolf conducted a review that identified high costs, delays, and complexity as major issues. Woolf proposed reforms aimed at decreasing delays and costs, encouraging settlement, and making the system simpler and more accessible. The reforms introduced new civil procedure rules that decreased litigation and emphasized cooperation over adversarial approaches. Studies found the reforms had positive impacts like reduced court caseloads and a less combative culture, though costs remained a challenge.
COMPLIANCE PROGRAM AUDITING THE GROWING NEED TO INSUREMargaritoWhitt221
This document discusses the growing need for organizations to audit their own compliance programs to ensure they are compliant. It notes that compliance programs have become increasingly complex with rules from multiple agencies. There is no agreed upon terminology for compliance program elements. The document argues that to effectively manage regulatory risk, organizations must take an integrated approach and audit their compliance programs to confirm the programs are functioning as intended and meeting their goals of preventing and detecting misconduct. Proper governance of compliance programs, including their relationship to legal and risk functions, is also an ongoing discussion.
This document summarizes discussions from three recent antitrust conferences:
1) The International Cartel Workshop focused on developments in international cartel investigations and leniency programs. Enforcers are increasingly cooperating across borders and emerging economies are strengthening penalties and leniency programs.
2) The Global Forum on Competition discussed the relationship between competition laws and corruption. Effective competition frameworks can increase competition and reduce corruption when they foster compliance and voluntary self-disclosure.
3) The ABA Antitrust Conference brought together practitioners to discuss recent developments in antitrust laws globally. Changes are happening rapidly in many jurisdictions, complicating compliance for multinational companies.
Cryptocurrency enforcement framework - Report by the U.S. Department of JusticeLoeb Smith Attorneys
The US Department of Justice released a report regarding #cryptocurrency enforcement with strategies to take related to #digitalassets and interest in how enforcement will work in the #decentralizedfinance space.
The report could serve to shape the future vision of authorities and regulators towards #cryptocurrencies.
Imf government of ukraine report on diagnostic study of governance issues ...Andrew Gelston
This document summarizes a diagnostic study by the Government of Ukraine on governance issues related to corruption, business climate, and judicial effectiveness. It finds widespread agreement that corruption is pervasive, the business climate is hampered by an overbearing regulatory framework, and the judiciary is ineffective in resolving commercial disputes. Reforms have begun but much remains to be done. Powerful political and economic elites have formed entrenched networks that control public institutions for self-enrichment. A window of opportunity exists after recent political changes, but sustained political will is needed to overcome vested interests and push reforms forward.
Health Information Technology and Open Government PolicyJeff Smith
This is a descriptive (Yin, 2003) instrumental (Stake, 1995) case study that sought to answer the basic question, How is ONC complying with the Obama administration’s Open Government initiatives? Goals associated with the study include:
• To understand how various activities and programs align with the administration’s goals of promoting more transparent, participatory and collaborative government
• To identify definitional themes of “Open Government” as illustrated by stakeholders inside and outside of ONC
• To explore how data are being used “downstream” to:
o Inform policy decisions;
o Enhance research; and / or
o Promote innovation
• To propose a conceptual framework through which ONC and other government agencies could assess current and future Open Government initiatives
The document provides an executive summary and report on developments in Zimbabwe between December 2011 and July 2012 regarding human rights and institutional reforms. It notes that while there has been some progress implementing the Global Political Agreement, overall reforms have been unsatisfactory. Issues of concern include the government's rejection of investigating pre-2009 violence, limitations on media freedom and threats to NGOs. The report calls for civil society to ensure conditions are in place for a free and fair constitutional referendum and elections.
The document summarizes key developments related to the Dodd-Frank Act in 2013, including:
1) Regulators faced challenges from Congressional and judicial scrutiny in implementing Dodd-Frank rules. Some rules were overturned in courts and regulators had to re-examine rulemaking.
2) Companies have an opportunity to influence rulemaking by providing quantitative data for cost-benefit analyses in response to rule proposals.
3) Company-investor engagement on governance topics has increased, driven by Dodd-Frank requirements like say-on-pay votes, and companies are expanding voluntary disclosures on various topics.
Workshop Proceedings: Embedding Regulatory Policy in Law and PracticeOECD Governance
This document summarizes the proceedings of the 7th OECD Meeting on Measuring Regulatory Performance held in Reykjavik, Iceland. The meeting brought together 60 participants from 22 countries to discuss challenges in consistently implementing regulatory policy in both law and practice. Speakers highlighted the importance of embedding regulatory policy through rules, oversight bodies, and leadership to drive long-term sustainability. Participants discussed collecting evidence on regulatory policy implementation and outcomes to track progress, maintain political commitment, and ensure accountability. The role of parliaments in cooperation with executives to improve regulatory quality was also examined.
The report found weaknesses in Curaçao's key institutions like the public sector, political parties, and media which have resulted in a general lack of trust. Transparency International assessed Curaçao's ability to combat corruption and found these areas were the weakest links. To increase trust, the report recommends guaranteeing accountability, transparency across all sectors of society, and ensuring laws and procedures are properly followed in practice.
This document provides comments on a draft Freedom of Information law in the Philippines. It summarizes key issues and recommendations for improving the draft. Key points include expanding the scope of information covered beyond matters of public concern; strengthening exceptions; including an oversight body; and imposing a duty on public bodies to proactively publish certain information without requiring a request.
New criminal laws— Future of criminal justice system in Indiaaakash malhotra
The three new criminal laws, the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam, which replace the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act respectively, will come into force from 1 July this year
This report summarizes the activities of the Office of Information Practices from July 1, 2013 to June 30, 2014 in administering Hawaii's public records law (UIPA) and open meetings law (Sunshine Law). It provides an overview of the office's budget, personnel, legal guidance provided, education and training efforts, legislation monitored, and litigation supported. The office is responsible for ensuring open access to government records and meetings in order to promote transparency and accountability.
Similar to Legal and Institutional Situation Report 2011 second semester (20)
Informe de Coyuntura Económica noviembre de 2019FUSADES
Este documento resume la situación económica de El Salvador en noviembre de 2019. La economía mundial se desaceleró en 2019 y se espera un crecimiento más lento. El Salvador experimentó un crecimiento más lento en el segundo y tercer trimestre de 2019 en comparación con 2018. Las exportaciones aumentaron levemente a septiembre, mientras que las importaciones crecieron a una tasa mayor. El empleo formal aumentó modestamente y la percepción sobre la situación del empleo sigue siendo negativa.
Presentación: Informe de Coyuntura Social noviembre de 2019FUSADES
El Informe de Coyuntura Social del Departamento de Estudios Sociales sostiene que el avance en los procesos de desarrollo territorial requiere mejorar los componentes de la cohesión social. Para ello, se debe trabajar en los aspectos de oportunidades económicas y sociales, legitimidad institucional, vínculos sociales y valores.
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2. The elaboration of this Report
concluded on December 31th, 2011
ISSN 2218-6859
Key title: Informe de coyuntura legal e institucional
Abbreviated key title: Inf. coyunt. legal inst.
Salvadoran Economic and
Social Development Foundation
FUSADES
A publication of
Legal Studies Departament
The material in this publication is copyrighted.
Copying portions or all of this work without
permission may be a violation of applicable law.
3. TABLE OF CONTENTS
1. EXECUTIVE SUMMARY
2. ACRONYMS
3. INTRODUCTION
4. RULE OF LAW AND INSTITUTIONALISM
4.1. Introduction
4.2. Indicators
4.3. Inter-organ relations
4.4. Regulatory Activity
4.5. Law enforcement
4.6. Justice Administration
4.7. Municipalities
4.8. Electoral System
4.9. Conclusions
5. LEGAL CERTAINTY AND PUBLIC SAFETY
5.1. Introduction
5.2. Legal Certainty
5.3. Public Safety
5.4. Conclusions
6. BUSINESS CLIMATE AND REGULATION
6.1. Introduction
6.2. Indicators
6.3. Business Regulation
6.4. State Modernization
6.5. International Regulation
6.6. Conclusions
LEGAL AND INSTITUTIONAL SITUATION REPORT 3
4. TABLE OF CONTENTS
7. TRANSPARENCY
7.1. Introduction
7.2. Indicators
7.3. Regional Transparency
7.4. Developments in Access to Public Information
7.5. Transparency’s System Performance
7.6. Conclusions
8. FINAL CONSIDERATIONS
9. END NOTES
4 LEGAL AND INSTITUTIONAL SITUATION REPORT
5. EXECUTIVE SUMMARY
Rule of Law and Institutionalism
This semester has been characterized by the adjustment of the Electoral Regulations
to the unconstitutionality rulings that have expanded to a certain extent, to the right
of suffrage. The first regulations issued by the Parliament in response to these rulings
did not respect the interpretation given to the constitutional provisions; therefore,
new unconstitutionality actions were filed against these regulatory changes, which
ended in a second set of reforms to the Electoral Law, which finally, although with
some legal gaps, have guaranteed the right to run as a non-party candidate and to vote
for a specific person in the legislative elections.
Following on electoral matters, on the other hand, the uncertainty generated by the
lack of clarity in the cancelation process for PDC and PCN as political parties, and
the unpunished beginning of political campaigns before the legal periods, has been
negative.
Public opinion has criticized the delay in the election of some public officials such as
the Assistant Deputy Prosecutor which was appointed two years after the established
date, or the Chiefs of the Government Ethic Tribunal, whom at the closing of this
report had two months overdue for their appointment which is against the obligation
from the state on compliance to law aspects. Also a decision of Supreme Electoral
Tribunal taken without legal quorum is included in these public reactions.
Regarding the inter-organ relation and the separation of public powers, it can be
highlighted as positive, the eminent derogation of decree 743, a regulation that annulled
the functionality of the Constitutional Chamber from the Supreme Court of Justice,
by demanding all decisions in unconstitutionality matters were unanimous can be
highlighted as positive. A determining factor for the annulment was the participation
of civil society that defended the Constitution and became a decisive and important
factor on this issue.
Regarding inter-organ controls between the Executive and Legislative Bodies,
there is still, comparing to other presidential period, a high number of vetoes and
observations; however, the use of these mechanisms has been done with compliance
to the Constitution, and so there is no threat or damage against the Rule of Law
through this practice. There also haven’t been any systematic confrontations between
the two bodies in regards to their functioning.
Finally, the legislative activity has had an important emphasis in electoral issueds,
motivated partially by the unconstitutionality rulings on this matter. But it is relevant
to point out the approval of several important laws such as the Multipurpose Port
Terminal Specialized in Containers Concession Law, from Puerto de La Unión
Centroamericana.
LEGAL AND INSTITUTIONAL SITUATION REPORT 5
6. EXECUTIVE SUMMARY
Legal Certainty and Public Safety
On Legal Certainty matters, during this semester is noted the rulings issued by the
Constitutional Chamber, are noted because they clarify that the law´s formation
process is unconstitutional as long as it is debated in the General Legislative Assembly,
even when it has been passed with a dispensation proceeding, meaning, whenever it
hasn’t been previously discussed.
On the other hand, for this period, the violence issued in El Salvador has maintained
alarming levels. Homicides, which constitute mostly used indicator to measure crime,
have accounted until December 31st, 2011: 4,354; 367 more than in 2010.
The safety component in the Partnership for Growth Initiative subscribed between the
United States and Salvadorean governments is a valuable opportunity to implement
norms and strengthen public safety, and the commitments acquired, are the most
concrete measures proposed by the government in the matter of safety.
The situation of prisons is still alarming despite the efforts made in the electronic
safety and the systematization of inmates information systems. Problems such as
overcrowding and inside murders still persist. The penitentiary farms are a novelty
and an interesting proposal in terms of rehabilitation, but the advances in the project
are still very small.
Business Climate and Commerce Regulation
The setbacks of the competitiveness index and the constant insecurity and lack of
suitable conditions for business characterized the business climate, partially explained
by the existence of various risks, such as the legal and political uncertainty and the
lack of public safety. However, the subscription of the Conjoint Action Plan from
Partnership for Growth between the United States and Salvadorean governments,
among other activities, generates an important opportunity to drive projects that
establish clear rules for a bigger and sustained economic growth.
During the semester, a positive highlight is the observation made by the President to
the Credit Card System Law reforms that avoided the approval of an unconsulted
regulation that would affect the consumer’s access to credit. On the other hand, there
is a setback in the arbitration regulation, due to the Constitutional Chamber’s ruling
that contradict the nature of the figure by allowing judicial participation through
the appealing resource. Also, another negative sign to the business climate, is the
approval of tax reforms on December 2011, without the extensive discussion needed
and in absence of a fiscal pact to include public expense. Also, another negative
aspect was the violation of the tax secret through the publication of confidential
fiscal information from several taxpayers.
6 LEGAL AND INSTITUTIONAL SITUATION REPORT
7. EXECUTIVE SUMMARY
In the state modernization’s agenda, the approval of the Puerto de La Unión
Centroamericana Concession Law and the end of the discussion in the Economic and
Social Council of the Public-Private Partnership Law, is noted as possitive because it
establishes clear rules and competences defined by the international public purchase
of the public infrastructure, expected to be discussed in Parliament next semester.
Transparency
Advances and setbacks in the state’s transparency agenda have characterized this
semester.
In the setbacks, the unconsulted creation and issuing made by the Executive body
of the Access to Public Information Law Regulation, a text with substantial errors
in content that may be considered as unconstitutional, specifically for the faculties
self-attributed by the Executive body: rejecting the list of candidates proposed by the
civil society for the election of the Access to Public Information Institute members;
and, the ability to declare the reservation of public information on the basis of
“political safety”, a broad and undetermined concept. These two inclusions can affect
substantially the implementation of this law. These types of attributions are to be
regulated exclusively by law in accordance to multiple precedents and rulings from
the Constitutional Chamber from the Supreme Court of Justice of El Salvador and
international standards.
Another negative aspect observed during the semester was the lack of appointment
from Parliament of the Government Ethics Tribunal’s President, as well as the
Audit Court’s, Public Ministry’s and Executive Body´s omission to appoint the three
remaining members of that same institution, being the SCJ the only one to appoint
the official in time. At the closing of this report, the institution remains chief-less
since November 1st, 2011, and there is no indication of an advance to come to a
consensus to elect the members over the basis of adequacy and independence.
Within the positive advances projected this semester, is the creation of the new and
strengthened Government Ethics Law, since this is a tool that sets to establish formal
proceedings of investigation and significant economic sanctions to public servers that
violate ethic principles.
Also, even if there have been substantial setbacks in the Access to Public Information
Law, there is a noticeable interest from the Anti-corruption and Transparency sub-
secretary and from the civil society in general. A hopeful expectation has rise from the
fact that a company has been hired to audit the Audit Court.
LEGAL AND INSTITUTIONAL SITUATION REPORT 7
8. ACRONYMS
• APII: Access to Public Information Institute
• APIL: Access to Public Information Law
• ARENA: Nationalist Republican Alliance, political party*
• CAP: Conjoint Action Plan in Partnership for Growth
• CEL: Hydroelectric Executive Commission from Rio Lempa*
• CPI: Corruption Perception Index
• CS: Competition Superintendence
• DR-CAFTA: Dominican Republic-Central America Free Trade Agreement
• ESC: Economic and Social Council
• FMLN: Farabundo Martí Front for National Liberation, political party*
• FUSADES: Salvadorean Foundation for Social and Economic Development
• GANA: National Unity Great Alliance, political party*
• GEL: Government Ethics Law
• GET: Government Ethics Tribunal
• GOES: El Salvador’s Government*
• IBD: Inter-American Bank of Development
• IMF: International Monetary Fund
• LACAP: Acquisitions and Contracting of the Public Administration Law*
• MESICIC: Mechanism for follow-up on the Implementation of the Inter-American Convention against Corruption
• NJC: National Judges Council
• OAS: Organization of American States
• PCN: National Conciliation Party, political party*
• PDC: Christian Democrat Party, political party*
• RIOE: Executive Organ Internal Regulation*
• SBA: Salvadorean Banking Association
• SCJ: Supreme Court of Justice
• SET: Supreme Electoral Tribunal
• SICA: Central American Integration System*
• SPA: Sea Port Authority
• TAS: Transparency and Anticorruption Subsecretariat
• UNCAC: United Nations Convention Against Corruption
• UNPD: United Nations Program for Development
• USAID: United States Agency for International Development
• WEF: World Economic Forum
• WJP: World Justice Project
• WTO: World Trade Organization
*its acronym in spanish.
8 LEGAL AND INSTITUTIONAL SITUATION REPORT
9. INTRODUCTION
The Legal and Institutional Situation Report from 2011’s second semester, has been
elaborated from the continuous and systematic monitoring and analysis of the group
of facts, resolutions and situations that in our judgment have had the most influence
in El Salvador’s legal framework, during the observed period.
The methodology is developed from an investigation based in the recollection
and monitoring of information from different trustworthy sources, that include
external sources such as media news and international indicators, among them:
the Doing Business Report from the World Bank, the Economic Freedom Index
from the Heritage Foundation, the Global Competitiveness Index from the World
Economic Forum, the Rule of Law Index from the World Justice Project, the
Corruption Perception Index from International Transparency, the Open Budget
Index from the International Budget Partnership, among others, as well as references
to FUSADES’ own production sources such as studies, reports and memorandums
from other departments like the Legal Studies Bulletin, Institutional Positions, and
information from the Judicial and Legislative Observatories, property of the Legal
Studies Department. Once obtained, this information is analyzed with the purpose of
determining its impact in the semester and compared with the data from the previous
semester.
The report is structured in four chapters that contain the strategic topics that guide
the work from the Legal Studies Department at FUSADES: 1. Rule of Law and
Institutionalism, 2. Legal Certainty and Public Safety, 3. Business Climate and
Commerce Regulation and 4. Transparency. In the development of each topic, the
contents are analyzed systematically, to compare them with the results in the report as
well as with previous studies from the Legal Studies Department, such as “Democratic
Institutions in El Salvador: Performance Valuation and Strengthening Plan I and II”,
elaborated jointly between FUSADES and the University of Salamanca, Spain. The
report closes with the most relevant considerations to characterize the period.
LEGAL AND INSTITUTIONAL SITUATION REPORT 9
12. 1. INTRODUCTION
An established Rule of Law and a strong sense of institutionalism are essential to a
country’s development. This report analyses the national reality contrasted with the
ideal of the Rule of Law and Institutionalism that El Salvador needs to move towards
to; a critical judgment is made to evaluate if in the last six months there have been
advances or backward steps in this path, and when pertinent, some suggestions are
made to ensure the country is heading over that route.
To that effect, Rule of Law will be understood as: “A social situation in which a society
functions effectively by a self imposed regulation”. In other words, a state in which
society, in an overwhelming majority, subjects itself to the established legal rules1.
The concept of institutionalism on the other hand has a double dimension. From
a legal point of view, it is understood as the group of constitutional organs in the
state’s sovereign powers. Nowadays, these state fundamental organizations, its specific
functions, its faculties and competences are stipulated in constitutional provisions,
due both to their importance and the desire to establish immutability in time, which
is supposed to be inherent to the concept.
From the political science point of view, it is understood based on the studies of the
“Democratic Institutions in El Salvador: a Performance Assessment and Strengthening
Plan”2, which defines institutions as the game rule setters, creating incentives that
structure behavior of democracy participants, constitute available choices and accept
the elaboration of public policies by structuring the political election and determining
the democratic performance.
This report refers to legislative changes in the institution structure and their functioning
in compliance of these dispositions.
12 LEGAL AND INSTITUTIONAL SITUATION REPORT
13. 2. INDICATORS
2.1. Trust in institutions measured by the Latin-barometer 2011 Report
The Institutionalism component in this section, presents the findings from 2011´s
Latin-barometer Report, presented by the Latin-barometer Corporation3.
Institutions are essential to democracy, because they build the rules to political
competition, resolving collective problems and give structure to the exercise of
power4. On the other hand, trust is essential to institutions, because it is the result
from the perception that citizens have in whether or not the institutions fulfil their
responsibilities, the more trust, the more legitimate and respected they will be, which
in the long run, strengthens the system.
Graphic 1 shows four state institutions and the church. Since 2010, all of these have
increased their level of trust by citizens towards them.
Graphic 1. Trust in institutions 2010 and 2011 Table 1.
Assembly Da
Trust in Institutions 104 of 07- 06-3
07-2011 201
2010 2011 106 of 07- 07-1
21-2011 201
100
% of “a lot” and “some”
90 113 of 09- 09-1
14-2011 201
80
70 62 64
60 118 of 10- 10-1
27-2011 201
50 38
40 31 28 30 34 121 of 11- 11-1
30 22 25 22 17-2011 201
20 124 of 12- 11-3
7-2011 201
10
0
126 of 12- 12-1
Judicial Power Parliament Political Police Church 20-2011 201
Parties
Institutions
Source: 2. Observations from 2011’s second semester Report.
Table Elaborated with data from the Latin-barometer 2011
Assembly Date Observations Count Commentaries
116 of 09-29- Presidential Observations to the 1 Partially
Reforms to Wages Law next year 1
10-06- 2011 reforms on the Penal Code, related to accepted on 0
2011 honor crimes. 11-9-2011’s Reforms to Budget Law next year 1
0
Assembly 1
Lifetime Pensions Concession
118 of 10-14- Presidential Observations to the 2 Pending 0
1
10-27- 2011 reforms on the Credit Card System Law. Burial Authorizations
0
2011 Official Positions Exoneration 2
0
119 of 10-27- Presidential Observations to the 3 Overruled on 1
Foreign troops and ships Authorization
11-3- 2011 transitory disposition referred to the 12-20-2011’s 0
0
2011 electoral propaganda authorization. Assembly Person Nationalization
1
10-28- Presidential Observations to the 4 Partially RIAL reforms 0
1
2011 Government Ethics Law. accepted on 2
Wages Law next year
11-17-2011’s 2
Assembly 2
Budget Law next year
2
124 of 12-2- Presidential Observations to the General 5 Pending Special Budgets
0
2
12-7- 2011 Youth Law.
1
2011 Public Official Election
2
3
Treaty Confirmation
3
10
Loan Authorization
4
2
Reforms to Wages Law 5
60 7
Loan or donation Agreement 5
54
“a lot ” plus “plenty” responses
4
State’s asset transfer authorization 6
50
44 44 6
42 Honorific mentions granted
39 39 10
40 37 5
34 Authorization to receive official awards
32 32 31 11
30
30 28 5
Permanent Laws 11
21 0
LEGAL AND INSTITUTIONAL SITUATION REPORT
20
19 19 19
16
12
Municipal Delimitations
Tax Exemptions 13
10
14. 3. INTER ORGAN
RELATIONS
Democracy as a government system implies the coordinated functioning of institutions,
so that they cooperate to promote the most convenient policies for the country. But
it also implies inter organ controls such as the checks and balances system to help
maintain the power leveled.
3.1. Vetoes and observations
One of the indicators regarding the relation between the Executive and Legislative
Organs is the vetoes and observations, meaning the control process between the
powers that the President holds over legislative decrees, because it may highlight the
lack of cooperation or confrontation between organs when the usage of this resource
is excessive.
This semester, as shown in tables 1 and 2, Parliament has received, 7 vetoed decrees
and 5 observations from the President. Compared to last semester, there are 4 more
vetoes, while 5 less observations. With these, the President now adds 23 vetoes and
41 observations in two years and a half of his administration.
In this period, again, there is a high average of vetoes considering the elapsed time; if
this pace remains, in 5 years there would be a total of 46 vetoes, which would be the
second highest number in the last 5 administrations, only behind Francisco Flores’
administration, which had 59 vetoes.
The comment made last semester about vetoes and observations was that this activity
followed a normal course of the inter organ control use and the inexistence of a
systematic confrontation is still valid. It’s worth highlighting that 5 from the 7 vetoes
have been issued by reasons of inconvenience, which implies an inter organ control of
political nature. With this, it can be said that the control has consisted in the President
considering that the laws approved are inconvenient or untimely, but not contrary to
the Constitution, with the exception of some reforms on the pro person vote.
It is noted that the present Parliament has for the first time overruled a veto from
President Funes, on the Tobacco Law. This is the same as saying that while the
President considered some elements of the law inconvenient, a qualified majority in
Parliament considered otherwise.
14 LEGAL AND INSTITUTIONAL SITUATION REPORT
15. INTER ORGAN RELATIONS
Table 1. Vetoes from 2011’s second semester
Table 1. Vetoes from 2011’s second semester
Assembly Date Veto Count Reason
104 of 07- 06-30- Presidential Veto over the reform to 1 Inconvenience
07-2011 2011 the decree that contains the Special
Law to facilitate the cancelation of
agrarian and agricultural debts.
106 of 07- 07-18- President Mauricio Funes veto to the 2 Inconvenience.
21-2011 2011 Tobacco Control Law. Overruled 07-22-
2011
113 of 09- 09-13- Presidential Veto over the transitory 3 Inconvenience
14-2011 2011 dispositions of the Industrial Promotion
National Bank and the Salvadorean
62 64 Investment Corporation Law.
118 of 10- 10-12- Presidential Veto over the reforms to 4 Inconvenience
27-2011 2011 the National Security Academy (NSA)
Organic Law.
30 34 121 of 11- 11-14- Presidential Veto over the reforms on 5 Unconstitutionality
17-2011 2011 the Electoral Law.
124 of 12- 11-30- Presidential Veto over the dispositions 6 Inconvenience
7-2011 2011 of payment options for people who
obtained financing to acquire shares of
private sugar production houses.
126 of 12- 12-19- Presidential Veto to the transitory reforms 7 Unconstitutionality
Police Church 20-2011 2011 of the payment options contained in
the special dispositions for people who
obtained financing to acquire shares
from the companies of sugar
production houses, according to the
established in the Sugar Production
House and Alcohol Plants Law.
Source: Elaborated with the Legislative Observatory Bulletin from n° 152 to n° 175
Reforms to Wages Law next year 1
0
Reforms to Budget Law next year 1 Regarding the observations, this semester, there were two observations overruled,
0 these were made last semester on the Territorial Order and Development Law and
Lifetime Pensions Concession 1
0 the reforms on the Agriculture and Fishing Promotion General Order Law. With this,
1
Burial Authorizations
0
all the observations made last semester are settled5. In this subject Decrees published in the O
Table 3. it is necessary to
Official Positions Exoneration 2 remember that Parliament does not have a deadline established in the legal system to
0
1 decide over observations, but observations have been solved in a reasonable time.
Foreign troops and ships Authorization
0 Institution
Person Nationalization 0 Transitory decrees issued by the Pr
1
RIAL reforms 0 Reforms to Extraordinary Budget fo
1
Wages Law next year 2 Audit Court
2
2 Ministry of Education
Budget Law next year
2
Tax Ministry
0
Special Budgets
2 Reforms to existing regulations and
1
Public Official Election
2 University of El Salvador
Treaty Confirmation
3 Ministry of Economy
3
10 Ministry of Public Health and Socia
Loan Authorization
4
2
Ministry of Agriculture and Farming
Reforms to Wages Law 5 LEGAL AND INSTITUTIONAL SITUATION REPORT
SIGET 15
16. Judicial Power Parliament Political Po
Parties
INTER ORGAN RELATIONS
Institutions
Table 2. Observations from 2011’s second semester
Table 2. Observations from 2011’s second semester
Assembly Date Observations Count Commentaries
116 of 09-29- Presidential Observations to the 1 Partially
10-06- 2011 reforms on the Penal Code, related to accepted on
2011 honor crimes. 11-9-2011’s
Assembly
118 of 10-14- Presidential Observations to the 2 Pending
10-27- 2011 reforms on the Credit Card System Law.
2011
119 of 10-27- Presidential Observations to the 3 Overruled on
11-3- 2011 transitory disposition referred to the 12-20-2011’s
2011 electoral propaganda authorization. Assembly
10-28- Presidential Observations to the 4 Partially
2011 Government Ethics Law. accepted on
11-17-2011’s
Assembly
124 of 12-2- Presidential Observations to the General 5 Pending
12-7- 2011 Youth Law.
2011
Source: Elaborated with the Legislative Observatory Bulletin from n° 152 to n° 175
60
54
Percentage “a lot ” plus “plenty” responses
50
44 44
42
39 39
40 37
34
32 32 31
30
30 28
21
19 19 19
20 16
12
10
0
Uruguay
El Salvador
Panamá
Chile
Rep. Dominicana
Ecuador
Brasil
Honduras
Costa Rica
Venezuela
Nicaragua
Argentina
Paraguay
Colombia
Guatemala
México
Bolivia
Perú
Latin America
Country
16 LEGAL AND INSTITUTIONAL SITUATION REPORT
17. 2011
113 of 09- 09-13- Presidential Veto over the transitory 3 Inco
14-2011 2011 dispositions of the Industrial Promotion
National Bank and the Salvadorean
62 64 Investment Corporation Law.
118 of 10- 10-12- Presidential Veto over the reforms to 4 Inco
27-2011 2011 the National Security Academy (NSA)
38 Organic Law.
25 22
28 30 34
4. REGULATORY ACTIVITY 121 of 11-
17-2011
11-14-
2011
Presidential Veto over the dispositions 6
124 of 12- 11-30-
Presidential Veto over the reforms on 5
the Electoral Law.
Unco
Inco
7-2011
of payment options for people who 2011
4.1. Legislative Activity obtained financing to acquire shares of
private sugar production houses.
wer Parliament Political Police Church 20-2011 2011 of the
follow up transitory reforms 7
Through the Legislative Observatory, there has been a dailypaymentto theon Parliament’s
126 of 12- 12-19- Presidential Veto
options contained in
Unco
Activity. In regards to its production, there has been a special dispositionsdecrees issued
the count on the for people who
Parties
during the semester, which have not necessarily turned into law. In total,acquire are 196
obtained financing to there shares
from the companies of sugar
decrees, classified according to various criteria, as shown in the following.
Institutions production houses, according to the
established in the Sugar Production
House and Alcohol Plants Law.
Graphic 2: Legislative Production 2011’s second semester vs. 2010’s second semester.
from 2011’s second semester
Count Commentaries
bservations to the 1 Partially
Reforms to Wages Law next year 1
e Penal Code, related to accepted on 0
11-9-2011’s Reforms to Budget Law next year 1
0
Assembly 1
Lifetime Pensions Concession
Observations to the 2 Pending 0
1
e Credit Card System Law. Burial Authorizations
0 Table 3. Decr
Official Positions Exoneration 2
0
Observations to the 3 Overruled on 1
position referred to the 12-20-2011’s
Foreign troops and ships Authorization
0 Institution
aganda authorization. Assembly Person Nationalization 0 Transitory d
1
Observations to the 4 Partially RIAL reforms 0 Reforms to E
1
thics Law. accepted on 2 Audit Court
Wages Law next year
11-17-2011’s 2
2 Ministry of E
Assembly Budget Law next year
2
bservations to the General 5 Pending Tax Ministry
0
Special Budgets
2 Reforms to e
1
Public Official Election
2 University o
Treaty Confirmation
3 Ministry of E
3
10 Ministry of P
Loan Authorization
4
2
Ministry of A
Reforms to Wages Law 5
SIGET
7
Loan or donation Agreement 5 New regulati
4
State’s asset transfer authorization 6 Supreme Ele
Honorific mentions granted
6 Permanent
10
5 Ministry of N
34 Authorization to receive official awards
32 32
30 31 11 Ministry of E
28 5
Permanent Laws 11 Ministry of E
21 0
19 19 19 Municipal Delimitations 16
Ministry of L
16
12 29 Cultural Affa
Tax Exemptions 25
16 Ministry of F
Budget Law reforms 28
18
Civil Aviatio
Transitory Laws and Law extensions 31
Honduras
Costa Rica
Venezuela
Nicaragua
Argentina
Paraguay
Colombia
Guatemala
México
Bolivia
Perú
Latin America
14 CONACYT
Reforms to existing laws 31
FICAFE
0 5 10 15 20 25 30 35
Total
Country
Source: Elaborated with the Legislative Observatory Bulletin from n°. 152 to n° 175
Decrees issued were mostly legal reforms, transitory laws and law extensions. In
this semester, there has been an emphasis on the reforms of electoralTable 7. Resolutions reac
laws for the
upcoming elections, especially to the regulations on independent candidates and
unlocked lists. Category
Disciplinary Function
Judge Appointment
Other Administrative decisio
Jurisdictional decisions
Last minute's approval and a
modification
LEGAL AND INSTITUTIONAL SITUATION REPORT Various
17
Total