Syllabus
The subject Legislative drafting includes the following topics
- general issues relating to the creation of legislation (objective of law, legislative bill, draft of a government regulation, draft of an order, Rules of Procedure of the Government)
- requirements of the legislative material (articulated version, report on regulatory impact assessment, general and special part of the explanatory memorandum, other requirements)
- formal requirements for legislation (name and structure of legislation, content requirements of legislation, introductory provisions, common, transitional and final provisions, requirements for content of legislation amendments, references and quotation in legislation)
- practical examples of correct and incorrect legislative drafting
- creation of the legislative material – draft law
Annotation
The aim of the course Legislative Drafting is to inform students about theoretical and mainly practical aspects of a law-making process. Knowledge of the legislative technique is currently a prerequisite for creating quality legislation. The legislative drafting comprises not only the mere processing of a legislative proposal in an articulated version (arranged according to sections) in accordance with the formal requirements set out by the Rules of Procedure of the Government but it also includes creation of individual parts of a legislative material, i.e. (apart from the articulated version of legislation) the explanatory memorandum, report on regulatory impact assessment, submission reports etc.
The students will be presented with the correct and incorrect legislative drafting technique during the law drafting procedure on practical examples. Finally, the students will themselves try the making of a legislative material based on a specific fictional example.