Experience of the Institute of Law (IoL) in Drafting Legislation Mahmoud Alawni Institute of Law – Birzeit University April 2008 The Role of Drafting Legislation Bodies in Legal Reform

Presentation: Contributions of civil society organizations (CSOs) to drafting legislation Contributions of civil society organizations (CSOs) to drafting legislation Introducing IoL Introducing IoL IoL ’ s contributions to the theoretical framework of legislative drafting IoL ’ s contributions to the theoretical framework of legislative drafting IoL ’ s practical experience in legislative drafting (practical framework) IoL ’ s practical experience in legislative drafting (practical framework) Mechanisms of drafting laws and secondary legislation Mechanisms of drafting laws and secondary legislation IoL ’ s future horizons in legislative drafting IoL ’ s future horizons in legislative drafting

CSOs ’ Contributions to Drafting Legislation A member on the Palestinian Legislative Council (PLC) may propose a draft law A member on the Palestinian Legislative Council (PLC) may propose a draft law Draft laws proposed by PLC members are more than those proposed by the Government Draft laws proposed by PLC members are more than those proposed by the Government CSOs have made considerable contributions to developing draft laws CSOs have made considerable contributions to developing draft laws Development of legislation lacks a clear methodology Development of legislation lacks a clear methodology Development of most draft laws is arbitrary; it does not take into account Palestinian real needs Development of most draft laws is arbitrary; it does not take into account Palestinian real needs

Introducing IoL Establishment Establishment Goals Goals Departments and Units Departments and Units Achievements Achievements

IoL ’ s Contributions to the Theoretical Framework of Legislative Drafting 1. Legislative Drafting Manual 2. Secondary Legislation Drafting Manual 3. Studies on the legislative process in Palestine: “ Problems of Legislative Harmony in Palestine: A Preliminary Survey ” “ Problems of Legislative Harmony in Palestine: A Preliminary Survey ” “ The Legislative Process Between Theory and Practice ” “ The Legislative Process Between Theory and Practice ” “ Legal and Regulatory Framework of the Government ’ s Administration of the Legislative Process: The Palestinian Context ” “ Legal and Regulatory Framework of the Government ’ s Administration of the Legislative Process: The Palestinian Context ”

IoL ’ s Practical Experience in Legislative Drafting (Practical Framework) 1. IoL ’ s experience in drafting laws:  Child Law  Draft Law on the Cultural Heritage  Draft Land Law  Draft Audio-Visual Law  Draft Company Law  Reviews of various draft laws 2. IoL ’ s experience in drafting secondary legislation:  Regulations and bylaws of the Labour Law  Regulations and bylaws of the Law on Social Insurances  Regulations Concerning Licences of Medical Professions and Health Facilities

Mechanisms of Drafting Laws and Secondary Legislation IoL ’ s Methodology in Drafting Legislation (i) Phases and mechanisms of drafting laws: Examination of the legal framework Examination of the legal framework Examination of the practical framework - “ research report ” Examination of the practical framework - “ research report ” Comparative experience (visits to Jordan), as well as foreign experiences Comparative experience (visits to Jordan), as well as foreign experiences Meeting minutes of the Legislative Policy Development Committee - “ Legislative Policy Memorandum ” Meeting minutes of the Legislative Policy Development Committee - “ Legislative Policy Memorandum ” Writing a first version of the draft law Writing a first version of the draft law Discussing the version – workshops involving affected groups and experts Discussing the version – workshops involving affected groups and experts Writing the final version of the draft law Writing the final version of the draft law Lessons learnt from the experience Lessons learnt from the experience

Mechanisms of Drafting Laws and Secondary Legislation (ii) Phases and mechanisms of drafting secondary legislation:  Legislative Policy Development Committee  Legislative Policy Document  Report on the Legal and Practical Framework - “ Research Report ”  Writing a draft of the piece of secondary legislation  Experience, and discussion of the draft legisaltion “ workshops ”  Final draft legislation  Lessons learnt from the experience

IoL ’ s Future Horizons in Legislative Drafting Diploma Programme in Legislative Drafting Diploma Programme in Legislative Drafting The Government ’ s Legislative Policy The Government ’ s Legislative Policy Drafting laws and secondary legislation Drafting laws and secondary legislation

Thank You