Dealing with the stock of legislation: Renovation is as important as innovation: MENA Workshop on Amman, Jordan, 29/30 May 2008 Presentation by Edward Donelan, M.A., Dip. Eur.Law, Dip. Arb., Barrister–at–Law of the Kings Inns, Dublin and the Middle Temple, London, Senior Adviser (Principal Administrator, SIGMA/ OECD)

Attention needs to be paid to ‘stock’ as well as to the ‘flow’ of legislation  Times change and we change with them but the rate of change in societies and economies is not always reflected in the rate of change of the rules that govern us.  The problem is, therefore, how to keep the stock of legislation up to date and relevant to the needs of the day.  The problem is not a new one.  In about 1750 BC, the Babylonian King Hammurabi issued a legal code in 282 sections, which set out in written form many of the customary laws which had developed up to then, with significant reforming amendments.

5 main trends may be observed in managing the stock of legislation 1.Codification: ‘Hamurabi type’ reforms 2.Specific Law Reform 3.Reforms of the legislative process 4.Accessibility reforms 5.‘Sharp shocks’

Codification – Hamurabi type reforms  Besides religious laws such as the Torah  Roman Codifications  China: the first permanent system of codified laws 624  Hindu Law codified by Manu  The Koran is occasionally used in the civil code as part of Islamic law

Codification most closely associated with continental Europe.  An early example of codification is to be found in the statutes of Lithuania in the 16th century  The codification movement developed out of the philosophy of the Enlightenment  Napoleonic Codes 1804 onwards  Less common in the common law, exceptions  Sale of Goods Act 1894  codification of the Criminal Law of India

Specific reforms of areas of law.  Pre 20 th century emphasis in Western laws was on trade promotion and protection  The main object of law was the maintenance of power and control and punishments were severe  In the mid 1960’s equality laws  In the 1990s regulatory reform laws  Now the trend will probably revert to more laws and more controls.  Systematic reforms of areas of law also help address the stock of legislation problem

Reforms of Process  Language of law became simpler; ‘plain language’ became part of the vocabulary of law drafters  Process of policy formulation and law drafting now includes:  Structured agenda setting  Impact Assessment  Consultation  Administrative Simplification  Improved accessibility of legislation and administrative responsibilities

Programmes of:  Statute Law Revision (Canada)  Consolidation (UK)  Reprints (Australia)  Restatement (Ireland)  Commercial Publishers (Spain, Romania)  Revision of forms used by public (France)  Revision of licensing (Albania)  Restructuring of company formations (Bulgaria)

EU Accessibility Reforms  Consolidation  Codification  Recasting

‘Sharp shocks’  Sweden  Turkey  Fall of communism (Hungarian approach)  Repeal and re-enact all legislation between 1235 and 1922 (Ireland)  Cut administrative burdens by 25% EU, Austrian, Denmark, N.L., Ireland  Guillotine approach (Croatia, Moldova)

Critical success factors  Responsible political leadership  Modernisation policy  Efficient and effective management of economies and societies need clear legal directions with the minimum unnecessary economic and social costs  A comprehensive list of all legislation (if you don’t have one – draw one up, if necessary with donor assistance.

Institutional arrangements, policies and tools for an effective programme to managing the legislative stock: There is a need:  To decide whether to address issue on a subject by subject basis  To address issue on a ministry by ministry and authority by authority basis  To establish a central body with responsibility for stock management, [Statute Law Revisors Office (USA), Law Reform Commission (UK), Ministry for Justice (Hungary, Latvia)  To provide adequate funding (donor assisted if necessary but own funds better)  To have an adequate personnel mix of experience with youthful enthusiasm  To make available good IT tools  To set realistic goals

Reading List Cases and materials on Legislation, Statutes and the creation of Public Policy, Eskridge, W. and Frickey, P. West, 1988 The Statute Book - A Guide to Irish Legislation, Hunt, B. First Law, Dublin, 2008 Consultation Paper: Statute Law, Restatment Law Reform Commission (Ireland) Recent developments in statute law revision in Ireland. Donelan E. Statute Law Review, Volume 22, Number 1, February 2001, pp. 1-19(19)... Seanad Éireann - Volume April, Statute Law... Reports of Irish Senate on debates on Statute Law Revision Bill historical-debates.oireachtas.ie/S/0179/S html - 88k LAW COMMISSION STATUTE LAW REVISIONLAW COMMISSION STATUTE LAW REVISION UK see Statute Law Revision in the Commonwealth H. H. Marshall, International and Comparative Law Quarterly (1964), 13: Cambridge University Press Wisconsin Statutes Home Page - Legislative Reference Bureau Go to a specific Statute in the Infobase Search Tips Type Statute No [e.g., ch.... It does not apply, interpret, or enforce any statutes, rules, or other law. - Office of the Revisor of Statutes Room 108, State House... janus.state.me.us/LEGIS/STATUTES