Quality of Legislation - Principles and Instruments

doi:10.5771/9783845231792

Quality of Legislation - Principles and Instruments

Proceedings of the Ninth Congress of the International Association of Legislation (IAL) in Lisbon, J

Reihe: International Association of Legislation (IAL) / Deutsche Gesellschaft für Gesetzgebung (DGG)

Band 16 1. Auflage 2011

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doi.org/10.5771/9783845231792
ISBN print: 978-3-8329-5245-7
ISBN online: 978-3-8452-3179-2
Nomos, Baden-Baden Nomos, Baden-Baden

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Abstract

This publication presents the proceedings of the 9th Congress of the International Association of Legislation (IAL), which took place in Lisbon on 24/25 June 2010, organized by the School of Law, New University of Lisbon. The IAL develops the study of theoretical and practical approaches to legislation and promotes the cooperation between different countries in the area of lawmaking.

The general topic of the Congress was the quality of legislation. The published papers debate the following issues: the essential content of quality of legislation; how legislative procedure can contribute to favour quality; which is the role of regulatory impact assessment; how can an optimal accessibility to legislation be realised. This publication also includes the abstracts of all posters presented during the Congress.

Furthermore, 25 papers of some of the most renowned experts on legislative studies, which will certainly give a valuable contribution to the enlargement of the debate on legisprudence, or more broadly to all efforts to improve legislative quality, are included.

So far, Nomos has published all previous IAL Congresses’ proceedings, which allows an interesting approach of the developments, at EU level and at different countries, on the regulatory policy.

Zusammenfassung

This publication presents the proceedings of the 9th Congress of the International Association of Legislation (IAL), which took place in Lisbon on 24/25 June 2010, organized by the School of Law, New University of Lisbon. The IAL develops the study of theoretical and practical approaches to legislation and promotes the cooperation between different countries in the area of lawmaking.

The general topic of the Congress was the quality of legislation. The published papers debate the following issues: the essential content of quality of legislation; how legislative procedure can contribute to favour quality; which is the role of regulatory impact assessment; how can an optimal accessibility to legislation be realised. This publication also includes the abstracts of all posters presented during the Congress.

Furthermore, 25 papers of some of the most renowned experts on legislative studies, which will certainly give a valuable contribution to the enlargement of the debate on legisprudence, or more broadly to all efforts to improve legislative quality, are included.

So far, Nomos has published all previous IAL Congresses’ proceedings, which allows an interesting approach of the developments, at EU level and at different countries, on the regulatory policy.

Kapitel Ausklappen | EinklappenAutorenSeiten
2–12 Titelei/Inhaltsverzeichnis 2–12
13–14 Opening Address Teresa Pizarro Beleza Teresa Pizarro Beleza 13–14
- Dean, School of Law, New University of Lisbon
15–118 Session I – Quality of Legislation 15–118
- 15–22 Portugal Beyond and beneath of »bettering legislative technique« 15–22
- 22–31 Portugal Law, Rule of Law and quality of Law Jorge Miranda Jorge Miranda 22–31
- 31–67 Netherlands Quality of EU Legislation under Scrutiny: what kind of Problem, by what kind of Standards? Wim Voermans Wim Voermans 31–67
- 67–70 Portugal Legislating Security, Outlawing Fear: Portuguese Criminal Law Teresa Pizarro Beleza Teresa Pizarro Beleza 67–70
- 70–75 Spain The Art of Legislating and Globalisation Virgilio Zapatero Virgilio Zapatero 70–75
- 75–86 United Kingdom Quality of Legislation: an achievable universal concept or an utopia pursuit? Helen Xanthaki Helen Xanthaki 75–86
- 86–109 Italy The »Time-Factor« within the Lawmaking Process: a limit to Legislation Quality Improvement? Elena Griglio, Cristina Fasone Elena Griglio, Cristina Fasone 86–109
- 109–118 Belgium Interaction between ex ante evaluation and judicial review by EU courts David Keyaerts David Keyaerts 109–118
119–190 Session II – Legislative Procedure and the Quality of Legislation 119–190
- 119–129 Portugal The role of National Parliaments in the light of the Treaty of Lisbon and its consequences for the national legislative process Vitalino Canas Vitalino Canas 119–129
- 129–136 Portugal SIMPLEGIS Susana Brito, Diana Ettner Susana Brito, Diana Ettner 129–136
- 136–148 Belgium Consultation on Draft Regulation – Best Practices and Political Objections Patricia Popelier Patricia Popelier 136–148
- 148–184 Portugal The Internal Governance Structure of Financial Regulatory Authorities: Main models and current trends 148–184
- 184–190 Portugal LEGIS-PALOP Project: A step towards Lusophone Citizenship Global presentation of LEGIS-PALOP Alexandre Sousa Pinheiro, Teresa Amador Alexandre Sousa Pinheiro, Teresa Amador 184–190
191–250 Session III – Regulatory Impact Assessment 191–250
- 191–200 Portugal The limited rationality of the legislative decision 191–200
- 200–208 Portugal Regulatory Impact Assessment – Economic and Political dimensions Nuno Garoupa Nuno Garoupa 200–208
- 208–218 Canada Impact Assessment as a Means towards Higher Quality of Legal Norms: beware of Blind Spots Pierre Issalys Pierre Issalys 208–218
- 218–238 Netherlands The impact of ex ante evaluation of legislation: going Dutch? Rob van Gestel, Marie-Claire Menting Rob van Gestel, Marie-Claire Menting 218–238
- 238–250 Switzerland Diffusion of Regulatory Impact Assessment and Standard Cost Model: a comparative analysis Fabrizio De Francesco Fabrizio De Francesco 238–250
251–320 Session IV - Accessibility to Legislation 251–320
- 251–263 Brasil Decodification and Legis-action Fabiana de Menezes Soares Fabiana de Menezes Soares 251–263
- 263–277 United Kingdom Making EU Legislation more accessible William Robinson William Robinson 263–277
- 277–288 Hungary Communication in Legislation – using ICT 277–288
- 288–297 Italy Political Communication and Effectiveness of Legislation. Challenges to the certainty of law beyond the law in the books Giuseppe Cammarota, Giovanni Piccirilli Giuseppe Cammarota, Giovanni Piccirilli 288–297
- 297–308 Bulgary Legal Action in the Virtual Realm: New Legislative Methodology and Techniques Vihar Kiskinov Vihar Kiskinov 297–308
- 308–320 United Kingdom Drafting as a form of Communication Constantin Stefanou Constantin Stefanou 308–320
321–330 Closing Session Luzius Mader Luzius Mader 321–330
- Congress Conclusions
331–350 Posters 331–350
351–355 List of Authors 351–355

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