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Article

Unwrapping the Effectiveness Test as a Measure of Legislative Quality

A Case Study of the Tuvalu Climate Change Resilience Act 2019

Journal European Journal of Law Reform, Issue 1 2021
Keywords effectiveness test, legislative quality, drafting process, Tuvalu Climate Change Resilience Act 2019
Authors Laingane Italeli Talia
AbstractAuthor's information


Laingane Italeli Talia
Laingane Italeli Talia is Senior Crown Counsel, Attorney General’s Office of Tuvalu
Article

The New Regulation Governing AIR, VIR and Consultation

A Further Step Forward Towards ‘Better Regulation’ in Italy

Journal European Journal of Law Reform, Issue 4 2019
Keywords regulation, RIA, regulatory impact analysis, impact assessment, evaluation, consultation
Authors Victor Chimienti
AbstractAuthor's information

    This article describes the scope and contents of the newly adopted regulation governing regulatory impact analysis (RIA) and ex post evaluation of regulation (ExPER) in the Italian legal system. The article shows that this regulation has the potential to improve regulatory governance in Italy. Not only does it introduce innovations designed to increase transparency and participation, especially through strengthened consultation and communication mechanisms, but it also aims to improve the quality and effectiveness of regulatory analysis and evaluation activities. How the new regulation will be applied in practice, however, remains to be seen. In the meantime, the new set of rules are a welcome addition to Italy’s Better Regulation policy.


Victor Chimienti
Victor Chimienti is an international and EU lawyer currently working as a free-lance consultant on donor funded projects. In 1997, he graduated in Law with full marks at the University of Bari “Aldo Moro” (Italy), and, in 2006, obtained his Ph.D in International and EU Law from the same university. Meanwhile, he had attended post-graduate legal studies at LUISS University in Rome, Italy, specialising in international and EC business law. Dr. Chimienti has also served as Lecturer in International and Trade Law at the University of Foggia, Italy, and as Research Scholar in International & Comparative Law at the University of Michigan, USA. Among others, he specialises in Better Regulation tools and procedures, such as Regulatory Impact Analysis (RIA), Ex-Post Evaluation of Legislation, Monitoring, and Public Consultation.
Human Rights Practice Reviews

The Russian Federation

Journal East European Yearbook on Human Rights, Issue 1 2019
Authors Igor Bartsits, Oleg Zaytsev and Kira Sazonova PhD
Author's information

Igor Bartsits
Igor Bartsits is the Director of IPACS RANEPA, Doctor of Law, Professor, Honoured Lawyer of the Russian Federation.

Oleg Zaytsev
Oleg Zaytsev is the Dean of the School of Law, Doctor of Law, IPACS RANEPA.

Kira Sazonova PhD
Kira Sazonova is the Assistant Professor, Ph.D. in International Law, Ph.D. in Politics, IPACS RANEPA.
Article

Post-Legislative Scrutiny in a Non-Westminster Parliament

Opportunities, Challenges and Considerations

Journal European Journal of Law Reform, Issue 2 2019
Keywords post-legislative scrutiny, parliamentary oversight, legislative process, Verkhovna Rada of Ukraine, French Senate, Belgian federal parliament
Authors Jonathan Murphy and Svitlana Mishura
AbstractAuthor's information

    Post-legislative scrutiny (PLS) has generated growing interest as a means both for strengthening the legislative process and for permitting parliament to more effectively integrate its legislative and oversight functions. Engagement throughout the cycle of legislative development, adoption and implementation enables parliament to assure laws are properly implemented and to rectify weaknesses either in original legislative conceptualization or in executive implementation. Carried out properly, PLS should improve governance and increase its democratic accountability. Recent attention to PLS has however focused mainly on its role and use in Westminster-type parliaments. This article explores PLS from the perspective of non-Westminster parliaments. It seeks to understand why PLS in non-Westminster parliaments has received comparatively less scholarly and parliamentary development practitioner attention. The article uses a case study of Ukraine to explore the context and challenges for effective PLS, a non-Westminster emerging democracy. It concludes by proposing rebalancing discussion of PLS to take better account of diverse parliamentary models and suggests approaches to supporting PLS development in parliaments where it has not previously been consistently used


Jonathan Murphy
Jonathan Murphy is Docent, University of Jyvaskyla, Finland and parliamentary development consultant.

Svitlana Mishura
Svitlana Mishura is Deputy Head of the Main Legal Department of the Administration of the Parliament of Ukraine. The authors would like to thank UNDP Ukraine and the Verkhovna Rada of Ukraine for their support to the development of this article, and Anastasia Petrova for her invaluable research assistance in collecting data on PLS in the Verkhovna Rada.
Article

Defining ‘Better’

Investigating a New Framework to Understand Quality of Regulation

Journal European Journal of Law Reform, Issue 2 2016
Keywords better regulation, businesses, cross-disciplinary approaches, quality of regulation, European Union
Authors Morten Jarlbæk Pedersen
AbstractAuthor's information

    Better regulation is a political and scholarly theme, which has gained in both relevance and salience throughout the last two decades or so. Regulatory quality is the epicentre of these discussions. Despite this, quality is seldom conceptualized in its own right. Thus, beyond loose principles, we are rarely aware of what we mean by ‘better’ regulation, and academic discussions hereof usually centre themselves on other topics such as meta-regulation and processes. This leaves the notion of quality hard to asses especially from a comparative perspective. In this article, a core concept of quality is suggested. This concept is founded on an acknowledgement of the importance of the legal texts when it comes to achieving regulatory aims and objectives. The concept and methodology proposed has components from both law and political science and is sought to be of relevance to scholars and practitioners alike.


Morten Jarlbæk Pedersen
Morten Jarlbæk Pedersen is a Ph.D. fellow at the Department of Political Science at the University of Copenhagen. He has an affiliation with the Confederation of Danish Enterprise, where he has been employed for 5 years before engaging in this research project. For the purpose of the project, he was relieved of responsibilities as a consultant at the Confederation.
Article

The Quality of Regulation in the Service of Preventing Corruption

Corruption Impact Assessment (CIA)

Journal European Journal of Law Reform, Issue 2 2016
Keywords corruption, regulation, quality, impact assessment, risk
Authors Luca Di Donato
AbstractAuthor's information

    This article describes the Corruption Impact Assessment (CIA), which is a better regulation tool suggested by the OECD, with the fundamental purpose to enhance the regulatory quality.
    The first part explains some risk-corruption factors of the legal framework. The first factor is represented by the number and complexity of rules, which can be a negative incentive to corruption as well as to produce negative consequences for the proper functioning of the market. The second factor is intrinsically linked to the ambiguity in legal drafting, which does not encourage the right interpretation of norms; therefore, there is the question of the rule of law. The third factor refers to the lack of regulation concerning pressure group participation in the regulatory process and, as a result, the lack of transparency in identifying both benefits from norms and the relevant beneficiaries.
    The second part focuses on CIA, which is considered a sub-category of traditional Regulatory Impact Assessment. It detects the factors in regulations that cause corruption, and its main potential is to prevent future corruption facilitated by bad regulation. Then, this part illustrates the implementation of CIA by Korean governments: the Anti-Corruption and Civil Rights Commission (ACRC) carries out the CIA, realizes its guidelines – which are based on three fundamental criteria, i.e., compliance, discretionality and transparency – and supports the application of the tool in the regulatory cycle.
    Finally, the third part discusses the results given by CIA. This new anti-corruption strategy needs that regulators take into account the results, providing for their publication to inform stakeholders; otherwise there is the possibility of the CIA use being formal, rather than substantial.


Luca Di Donato
PhD candidate at LUISS University.
Article

Which Direction Is the Regulatory Quality Pendulum Taking?

Journal European Journal of Law Reform, Issue 1 2015
Keywords regulatory quality, meta-policy, competitiveness, impact assessment, cognitive sciences
Authors Luca Di Donato
AbstractAuthor's information

    This article seeks a systematic definition of regulatory quality. Most of the literature has recognised that the concept of regulatory quality is particularly difficult to define. Member states, international organisations, and others have produced studies on regulatory quality, and they have reached different findings. Even if regulatory quality is based on conventional good governance principles, the enforcement and measurement of the quality of regulations and of its tools within any single country can differ widely and be very complicated.
    For these reasons, Part I explores regulatory quality in the European Union and – through the analysis of the policies, reports, and documents – indicates which direction the regulatory quality pendulum has taken.
    Part II, basing itself on the results of Part I, provides a general definition of quality, and it based on the procedures that legislator should comply with to enact its rules.
    Part III confirms the relationship between regulatory quality and competitiveness, and, in particular, this link has become more solid because the financial crisis has promoted new regulatory reforms by member states.
    Finally, this article notes that the legislator’s objectives can be achieved if the former takes into account the real people, including their irrational choices, human errors, and limits.


Luca Di Donato
PhD Candidate at Luiss Guido Carli University. Email: sdc.luca@gmail.com.
Article

Implementation of Better Regulation Measures in the Internal Security Draft Legislation

The Case of Estonia

Journal European Journal of Law Reform, Issue 1 2014
Keywords better regulation, internal security policy, impact assessment, participation, Estonia
Authors Aare Kasemets and Annika Talmar-Pere
AbstractAuthor's information

    The article analyses the implementation of better regulation measures in the internal security (IS) strategies, draft legislation and administrative routines of the Estonian Ministry of the Interior. The article includes the results of five substudies: (a) the research problem emerged from the studies of the explanatory memoranda of draft laws 2004-2009 according to which the Ministry has some deficiencies in fulfilling the better regulation requirements; (b) mapping of better regulation and internal security policy concepts; (c) content analysis of Estonian IS strategy documents; (d) systematization of Estonian IS laws; and (e) sociological e-survey of officials. Theoretical framework integrates the concepts of institutional theory, discursive democracy, realistic legisprudence and the adaptive strategic management.The main conclusions drawn by the article are as follows: the analysis of the knowledge of draft legislation and the excessive amount of laws in the IS field gives evidence of a lack of systematic regulatory impact assessment (IA); the concept of better regulation is not integrated into IS policy documents (insufficient planning and budgeting of IA); and a sociological e-survey of the officials of the Ministry indicates discontent with the management of the IA of policies and draft legislation. According to institutional analysis, this shows readiness for changes in the context of risk society challenges and adaptation with budgetary contractions.


Aare Kasemets
Estonian Academy of Security Sciences. Email: aare.kasemets@sisekaitse.ee.

Annika Talmar-Pere
Estonian Academy of Security Sciences.
Article

The Controversy Surrounding Article 9 of the Law That Defines How Brazilian Laws Are Applied

The Difficult Path to Reform of Private International Law Legislation in Brazil

Journal European Journal of Law Reform, Issue 2 2013
Keywords willingness, connecting element, controversy, Brazil
Authors Paul Hugo Weberbauer
AbstractAuthor's information

    This study aims to demonstrate that the legislative reform of Private International Law is one of the most complex subjects to be understood in terms of the Law in Brazil. With this objective, the point of reference of this study will be the controversy, which involves willingness as a connecting element, and is also known as the controversy around Article 9 of LINDB. By analyzing willingness as a connecting element within Brazilian legislation, a general panorama of the aforementioned Law is developed, as well as the debate of a doctrine nature about willingness as a connecting element and its insertion in the legal system in effect in Brazil. Finally, the difficulties encountered considering Brazil’s position towards international treaties and conventions, as well as the many attempts to reform Private International Law legislation will be analyzed.


Paul Hugo Weberbauer
Ph.D. in Law and Associate Professor of Recife Law School, Legal Sciences Centre at the Federal University of Pernambuco. Research Group: Regional integration, globalisation and International Law. E-mail: phwberbauer@hotmail.com.
Article

Judicial Delegation of Administrative Acts During the Execution Phase or Execution Process

The Application of the Constitutional Principle of Efficiency, Under the Inspiration of Recent Portuguese Law Reforms

Journal European Journal of Law Reform, Issue 2 2013
Keywords Brazilian constitutional principle of efficiency, enforcement agents in Portugal, delegation of judicial procedural administrative and enforcement acts, enforcement proceedings
Authors Rafael Cavalcanti Lemos
AbstractAuthor's information

    The Constitutional Amendment 45/2004 emphasized the need for efficiency in both administrative and judicial judgments in Brazil and introduced the right of a trial within reasonable time (Art. 5, item LXXVIII) in the 1988 Federal Constitution. Although more judges are needed to comply with this constitutional requirement, no statutory regulation was enacted to date to conform to it, particularly to allow judges to delegate administrative and enforcement functions to civil servants. However, given that fundamental rights have immediate applicability, the principle of efficiency must be implemented regardless of further regulation. In Portugal, judges are not required to order executive acts, which are conferred to an enforcement agent. A similar system should be adopted in Brazil, leaving judges time for decision-making. An efficient judicial service is essential to strengthen the image of the Judiciary and depends on this type of reforms.


Rafael Cavalcanti Lemos
Judge at the Pernambuco Court of Justice, Diploma in Civil Procedures Law, Federal University of Pernambuco.
Article

Scrutiny of Legislation in Uganda: A Case for Reform

Journal European Journal of Law Reform, Issue 2-3 2012
Keywords legislative scrutiny, emerging trends
Authors Isabel Omal
AbstractAuthor's information

    This article seeks to explain the significance of carrying out extensive legislative scrutiny in any jurisdiction, with emphasis being placed on the Ugandan experience as far as legislative scrutiny is done. As Parliaments all over the world continue to make laws that govern their citizens, it is only right that before any law is enacted, there must be adequate mechanism to ensure quality in the law in terms of substance and effect of the legislative proposal which ultimately impacts on good governance. Best practices and emerging trends in legislative scrutiny is drawn from the United Kingdom and Australia, which have put in place elaborate procedures and mechanism to ensure that all their legislative proposals are thoroughly scrutinized before they passed into law: and that even after the law has been enacted, it can be evaluated to see the effect of the law. Pre-legislative scrutiny and post-legislative scrutiny are thus important tools to ensure quality in legislation.


Isabel Omal
The author is a Legislative Lawyer working at the Law Commission in Uganda; she is also a fellow of the Ford Foundation-IFP scholarship and a member of Commonwealth Association of Legislative Counsel (CALC).
Article

Access_open Public and Private Regulation

Mapping the Labyrinth

Journal The Dovenschmidt Quarterly, Issue 1 2012
Keywords private regulation, regulatory impact assessment, standard-setting, voluntary certification, sustainabbility reporting, effectiveness indicators, governance indicators
Authors Fabrizio Cafaggi and Andrea Renda
AbstractAuthor's information

    Private governance is currently being evoked as a viable solution to many public policy goals. However, in some circumstances it has shown to produce more harm than good, and even disastrous consequences like in the case of the financial crisis that is raging in most advanced economies. Although the current track record of private regulatory schemes is mixed, policy guidance documents around the world still require that policymakers award priority to self- and co-regulation, with little or no additional guidance being given to policymakers to devise when, and under what circumstances, these solutions can prove viable from a public policy perspective. With an array of examples from several policy fields, this paper approaches regulation as a public-private collaborative form and attempts to identify possible policy tools to be applied by public policymakers to efficiently and effectively approach private governance as a solution, rather than a problem. We propose a six-step theoretical framework and argue that IA techniques should: (i) define an integrated framework including both the possibility that private regulation can be used as an alternative or as a complement to public legislation; (ii) Involve private parties in public IAs in order to define the best strategy or strategies that would ensure achievement of the regulatory objectives; and (iii) Contemplate the deployment of indicators related to governance and activities of the regulators and their ability to coordinate and solve disputes with other regulators.


Fabrizio Cafaggi
European University Institute, Fiesole Università di Trento (F. Cafaggi).

Andrea Renda
LUISS Guido Carli, Rome; Centre for European Policy Studies, Brussels; European University Institute, Fiesole (A. Renda).

Ulrich Karpen
Prof. Dr. iur. Universitätsprofessor at the Faculty of Law, University of Hamburg, Germany.

Ulrich Karpen
Prof. Dr. iur., Universitätsprofessor at the Faculty of Law, University of Hamburg, Germany.

    Dans le demi-siècle écoulé depuis l’accession aux indépendances, les pays africains ont affronté des processus complexes qui ont mis au devant des priorités la construction politique et institutionnelle interne et leur reconnaissance dans le concert des nations du monde. Dans le même temps, loin de profiter de la croissance globale qu’ont connue les pays avancés, les populations du continent africain – et des pays les moins avancés de la planète – ont souffert d’une dégradation progressive de leurs conditions de vie.


Frédérique Mestre
Fonctionnaire principale, UNIDROIT. Contribution à la 1ère Conférence africaine sur le droit commercial international, Douala (Cameroun), 13-14 février 2011. Les opinions ici exprimées sont celles de l’auteur et n’engagent pas UNIDROIT.

    L’uniformité du droit exerce un attrait idéologique sur les esprits épris de systématisation. Comme le souligne le Professeur Delmas-Marty, «le droit a horreur du multiple. Sa vocation c’est l’ordre unifié et hiérarchisé, unifié parce que hiérarchisé». Cette uniformité apparaît comme un idéal de simplicité, de méthode, d’ordre.L’uniformité étant rarement spontanée, l’intervention du législateur est nécessaire. Dans cette optique, l’unification législative apparaît comme un travail d’élaboration scientifique de la solution la plus appropriée aux besoins communs: un droit le plus efficace et le plus simple possible. L’uniformité semble ainsi être porteuse de simplification. Cette simplification résulte de la substitution d’un droit unique à la complexité du système juridique. L’uniformité permettrait aussi d’assurer l’effectivité du droit car «il semble que la multiplication des normes, leur instabilité, leur excessive complexité faite de sédiments successifs pas ou peu cohérents, rend presque impossible un respect scrupuleux du droit».


Gurvan Branellec
Docteur en droit.
Article

Possibility of Establishing a New International Space Exploitation Agency

Global Lunar Conference in Beijing, China: IISL Session

Journal International Institute of Space Law, Issue 10 2010
Authors D.H. Kim

D.H. Kim
Article

Good Governance

Journal European Journal of Law Reform, Issue 1-2 2010
Keywords international cooperation, state administration, substate-level administration, steering non-governmental bodies, principles of Human-Rights-and-Rule-of-Law, democracy structures, procedures and manpower of administration
Authors Prof. Dr. Ulrich Karpen
AbstractAuthor's information

    “Good Governance” is a term used worldwide to measure, analyse and compare, mainly quantitatively and qualitatively, but not exclusively, public governments, for the purpose of qualifying them for international developmental aid, for improving government and administration domestically, etc.
    In Section A the use of the key term is explained more thoroughly; Section B lists goals and effects of governance from the international, supranational (European) and national perspective; Section C contains guidelines for governance as vested in constitution and law and Section D describes the main instruments and tools to work on better governance.


Prof. Dr. Ulrich Karpen
Prof. Dr. Ulrich Karpen, Faculty of Law, University of Hamburg.
Article

Space and Lisbon: a New Type of Competence to Shape the Regulatory Framework for Commercial Space Activities

Nandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session

Journal International Institute of Space Law, Issue 1 2010
Authors M. Sánchez Aranzamendi

M. Sánchez Aranzamendi
Article

Limits on Space Weapons: Incorporating the Law of War into the Corpus Juris Spatialis

Weaponisation of Outer Space in the Light of the Outer Space Treaty

Journal International Institute of Space Law, Issue 3 2008
Authors P.J. Blount

P.J. Blount
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