The aim of this article is to describe the mechanism of codification in a civil law jurisdiction. The case study will be based on the Italian system. The history and developments of the Italian codification will also be described here. |
Article |
Codification in a Civil Law Jurisdiction: An Italian Perspective |
Journal | European Journal of Law Reform, Issue 4 2017 |
Keywords | civil law jurisdictions, codification, consolidation, legislative drafting, judicial review |
Authors | Enrico Albanesi |
AbstractAuthor's information |
Article |
Codification in a Civil Law Jurisdiction: A Northern European Perspective |
Journal | European Journal of Law Reform, Issue 4 2017 |
Keywords | codification, types, civil law, legal certainty, ICT |
Authors | Patricia Popelier |
AbstractAuthor's information |
In western civil law jurisdictions, 19th century large-scale codification projects have made way for more specific, technical operations. While several terms for various operations are used – from coordination to consolidation or recasting – they all serve to compile normative texts within one single document for the sake of clarity and legal certainty. A more fundamental distinction can be made between formal and substantial codifications, the one more technical, the other large and fundamental. Substantial law reforms are problematized in this era of multilevel governance and digitalization. Nowadays, substantial codifications are essentially non-exhaustive, inconsistent, and fragmentized. Also, they rely upon formal consolidations, and generate new formal consolidations. While formal consolidations are still treated as logistic projects, more developed ICT tools may enable their transformation into continuous processes. |
Article |
Time for a Code: Reform of Sentencing Law in England and Wales |
Journal | European Journal of Law Reform, Issue 4 2017 |
Keywords | Law Commission, codification, consolidation, consultation, criminal procedure |
Authors | Harry O’Sullivan and David Ormerod |
AbstractAuthor's information |
The Law Commission of England and Wales is currently working to produce a New Sentencing Code that will seek to remedy problems with one of the most heavily used and unsatisfactory areas of statutory law. It responds to the problems of complexity and inaccessibility in the current sentencing legislation, and more fundamentally in the process by which sentencing legislation is created and implemented. The aim is to introduce the new Code as a consolidation Bill in 2018 with a view to it being in force from early 2019. This article provides an overview of the problems endemic to the current law and how the Commission envisages that the new Sentencing Code will provide not only a remedy, but a lasting one. |
Article |
Consultations, Citizen Narratives and Evidence-Based RegulationThe Strange Case of the Consultation on the Collaborative Economy |
Journal | European Journal of Law Reform, Issue 1-2 2017 |
Keywords | Better Regulation, consultations, evidence-based lawmaking, sharing economy, narratives |
Authors | Sofia Ranchordás |
AbstractAuthor's information |
The 2015 Better Regulation Communication advocates an evidence-based approach to regulation, which includes better consultations and broader civic engagement. In this article, I consider the recent EU public consultation on the regulatory environment of online platforms and the collaborative economy. I enquire in this context whether citizens were seriously regarded as evidence providers and how their knowledge that materialized in individual narratives could contribute to more legitimate and thus better regulation. I argue that an evidence-based approach to regulation should also include citizen narratives as they can provide first-hand and diverse perspectives, which might not be considered in standard consultation questions. I contend that citizen narratives can be particularly useful in complex and rapidly evolving fields where there is still little empirical evidence and where participants are likely to have diverse personal experiences. Drawing on the literature on narratives, I contend that this method of collecting information can help regulators identify new problems and structure solutions in rapidly changing and diverse regulatory fields such as the collaborative economy. |