Suchergebnisse

(Beitrag 5. Europäisches Symposium zur Verständlichkeit von Rechtsvorschriften) EU legislation is currently speaking to EU institutions, and Member States and their national authorities. It is therefore detached from EU citizens. Enhancing the comprehensibility of EU legislation can forge a direct channel of communication between the EU and its citizens, thus strengthening their trust and loyalty to the organization and its ideals. This can nurture sustainable integration for the longevity and prosperity of the EU.

Choosing sides in the dilemma of realism versus utopia of the concept of quality in legislation is not a simple matter. The practice of drafting legislation extends to a wealth of experience spreading over thousands of years in time, hundreds of countries in geographical space, and hundreds of legal systems of all known families of laws. Yet this richness of tradition, this repeated Tantalian trial and error over many years and through all known ideologies, philosophies, cultures, and laws has, in practice, failed to yield wisdom on quality of legislation. What is it that makes a law "good"? What elements can be duplicated in order to recreate, again and again, on request, laws that prescribe by an accepted threshold of quality?

Intro -- Preface -- Table of Contents -- List of Authors -- 1. Legislation in European Countries -- Introduction: Law, Legislation and Legisprudence -- 1.1. Law-Making in the Constitutional State -- 1.2. The Law -- 1.3. The Legislative Process -- 1.4. Values and Goals of Laws, Good Legislation and Evaluation -- 1.5. Formal Legisprudence: Structure, Language and Techniques of Law-Drafting -- 1.6. Teaching Legislation: How to Teach and Learn Professional Legislation -- 2. Legislation in Austria -- Context -- 2.1. Legislation and Regulation -- 2.2. Legislative Procedures -- 2.3. Determination of Policy -- 2.4. Formal Legisprudence -- 2.5. Regulatory Impact Assessment -- 2.6. Evaluation and Monitoring -- 2.7. Training -- Further Reading -- 3. Legislation in Belgium -- Context -- 3.1. The Concept of Legislation -- 3.2. The Law-Making Activity: Organisation and Procedure -- 3.3. Goals and Instruments of the Law -- 3.4. Drafting Techniques -- 3.5. Implementation and Assessment of Laws -- 3.6. Teaching Legisprudence -- Further Reading -- 4. Legislation in Bulgaria -- Context -- 4.1. Hierarchy of Provisions and System of Sources of Law -- 4.2. The Organisation, Procedure and Management of Legislation -- 4.3. The Development of Legal Policy and Legal Intent (Substantial Legisprudence) -- 4.4. Techniques of Drafting and Publishing of Legislation: Requirements for Draft Acts (Formal Legisprudence) -- 4.5. Monitoring and Evaluation of the Law in View of its Quality: Ex Ante and Ex Post RIA and the Impact of European Legislation -- 4.6. Legislative Drafting and Training the Lawyers Drafting Legislation -- Further Reading -- 5. Legislation in Croatia -- Context -- 5.1. The Constitutional and Institutional Framework -- 5.2. Types of Law -- 5.3. Process of the Law Preparation -- 5.4. Legislative Technique -- 5.5. Perspectives -- Further Reading.

Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.

On transferability of legislative solutions : the functionality test / Helen Xanthaki -- Drawing the line / Stephen Laws -- Legislative intention / Ian McLeod -- Legislator's intent : how judges discern it and what they do if they find it / Keith Mason -- The techniques of gender-neutral drafting / Daniel Greenberg -- Drafting legislation at the tax law rewrite project / Hayley Rogers -- Retrospectivity in the drafting and interpretation of legislation / Lydia Clapinska -- Repealing or amending legislation by non-legislative means / Alec Samuels -- Pre-legislative scrutiny / Zione Ntaba -- The role of the legislative drafter in promoting social transformation / Richard C. Nzerem -- Improving democratic development by better regulation / Ulrich Karpen -- Drafting principles of existing European contract law / Gerhard Dannemann -- Drafting of EU acts : a view from the European commission / William Robinson -- Drafting to implement EU law : the European arrest warrant in the United Kingdom / Valsamis Mitsilegas