Presentation on theme: "C.H. Montin, Erbil 6 December 2012 11 Erbil, 6 December 2012 Legislative stock management Illustrated legal techniques Charles-Henri Montin, Senior Regulatory."— Presentation transcript:
C.H. Montin, Erbil 6 December 2012 11 Erbil, 6 December 2012 Legislative stock management Illustrated legal techniques Charles-Henri Montin, Senior Regulatory Expert, Ministry of economy and finance, Paris http://smartregulation.net
C.H. Montin, Erbil 6 December 2012 2 Various complementary approaches to legislative stock management 1. A streamlined regulatory framework continuous reviews of existing legislation, looking for promoting more efficient and more effective legislative solutions clarifying and improving the legibility of legislation updating and modernizing the regulatory framework 2. Improved working methods and simplified procedures wider use of IT 3. Optimal effects on the economy ensure legislation improves consumer choice, lowers prices and introduces more competition by removing obstacles to FDI and business creation and operation
C.H. Montin, Erbil 6 December 2012 3 Tools for simplifying legislation (1/8) 1. Codification 2. Recasting 3. Repeal 4. Other legislative techniques e.g. co- regulation, from Directives to Regulations techniques aiming at reducing the volume of EU legislation and to render it more readable and legally clear, thus making it more accessible and easier to enforce.
C.H. Montin, Erbil 6 December 2012 4 Tools for simplifying legislation (2/8) 1. Codification Process of bringing together a legislative act and all its amendments in a single new act. The new act passes through the full legislative process and replaces the acts being codified. Requires that the acts in question are in a 'standstill', i.e. legislation is not subject to substantial amendments during the codification process.
C.H. Montin, Erbil 6 December 2012 5 Tools for simplifying legislation (3/8) 2. Recast Combines in a new legally binding act both the amendment of the substance of the legislation and the codification of the remainder which is intended to remain unchanged Repeals all the acts being recast Full legislative process but special procedures to enable the legislative authority to concentrate its attention on those parts of the legislative proposal which are new
C.H. Montin, Erbil 6 December 2012 6 In grey: new text Sections unchanged Tools for simplifying legislation (4/8) Example of recast
C.H. Montin, Erbil 6 December 2012 7 Tools for simplifying legislation (5/8) Example of recast
C.H. Montin, Erbil 6 December 2012 8 Tools for simplifying legislation (6/8) Example of recast
C.H. Montin, Erbil 6 December 2012 9 Tools for simplifying legislation (7/8) 3. Repeal Removes those legal acts which are unnecessary, irrelevant or obsolete e.g.1: Proposal for a Council Regulation repealing 14 obsolete Regulations in the field of the Common Fisheries Policy e.g.2: Repeal of Directive 68/89 concerning wood in the rough
C.H. Montin, Erbil 6 December 2012 10 Tools for simplifying legislation (8/8) 4. Modifying the regulatory approach Co-regulation (legislator focus on specifying fundamental requirements and allow associations and standardisation committees to define the technical data and specifications) Self-regulation
C.H. Montin, Erbil 6 December 2012 12 To continue the study… MENA OECD Governance Programme (for resources) MENA OECD Governance Programme Further questions contact: charles-henri.montin @ finances.gouv.fr