LEGISLATIVE DRAFTING GUIDANCE AND TRAINING IN THE EUROPEAN COMMISSION

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Presentation transcript:

LEGISLATIVE DRAFTING GUIDANCE AND TRAINING IN THE EUROPEAN COMMISSION William Robinson 2008 Legal Revisers Group

How EC legislation is drafted Roles of the EC institutions: Commission, Council, Parliament Drafting in the European Commission: First draft by technical experts Consultation Revision

Drafting Guidelines (1998) Suggestions from Member States Adopted by Parliament, Council and Commission 22 Guidelines: General principles Specific parts of acts Practical Guide

General principles 1. Community legislative acts shall be drafted clearly, simply and precisely.

Specific parts of acts 22. Technical aspects of the act shall be contained in the annexes, to which individual reference shall be made in the enacting terms of the act and which shall not embody any new right or obligation not set forth in the enacting terms. Annexes shall be drawn up in accordance with a standardised format.

Joint Practical Guide (2000) 1.4.1. The author should attempt to reduce the legislative intention to simple terms, in order to be able to express it simply. In so far as possible, everyday language should be used. Where necessary, clarity of expression should take precedence over felicity of style. For example, the use of synonyms and different expressions to convey the same idea should be avoided.

Drafting training Who is it for? Drafters, Legal Revisers, Translators Given by Commission Legal Revisers since 2001 Practical

Content of training Commission procedures Basic principles Drafting rules Parts of an act Exercises

LEGISLATIVE DRAFTING GUIDANCE AND TRAINING IN THE EUROPEAN COMMISSION William Robinson 2008 Legal Revisers Group