Free Access to Legislation Reducing Complexity through IT & Law Mahmoud Dodeen Institute of Law – Birzeit University April 2008

Presentation Introducing the Palestinian Legal and Judicial Database (AL MUQTAFI) IoL’s experience in developing the Legislation Database Single legislation Consolidated legislation

Introduction When established, it was supposed that the Palestinian National Authority (PNA) would encounter a challenge in consolidating items of legislation in force in the West Bank and Gaza Strip. PNA also faced a challenge in developing new, modern items of legislation that meet the Palestinian people’s needs and expectations. Well-developed legislation is not carried out in vacuum. Despite structural problems, the legislative process in Palestine should rely on, or at least take into account, the rich legal heritage of various political regimes, that have ruled over the Palestinian territory. In this context, the Institute of Law (IoL) conducted a comprehensive survey of all pieces of legislation effective in the West Bank and Gaza Strip over the relevant various periods of rule over Palestine. Based on their original sources, PDF images of these regulations were created. Covering all fields of law, every piece of legislation is now electronically categorised. This process aims to develop a referential legal database that includes all effective pieces of legislation in the West Bank and Gaza Strip. In view of its sizable scope, prior preparation is duly significant in the Legislation Consolidation Project.

Work Methodology In the comprehensive survey of legislation, IoL divided its activity into three major phases: Paper-based documentation: – This includes preparatory phases for the comprehensive survey. Texts of pieces of legislation were provided in paper format and sorted in order to determine the effective ones. Pieces of legislation were also arranged according to their subject matter. Legislation cards were then filled out in preparation for electronic documentation. Electronic documentation: – This entails creating legislation cards as well as defining their fields. Legislation cards were then edited and entered into the referential database. The database was also edited and information therein verified.

Work Methodology Information Technology: – IoL IT team analysed systems and selected the most proper ones in order to build the referential database. The IT team also designed and developed the structure of legislation cards. In addition, IT team designed entry and application interfaces, as well as developed and audited the database. In this context, IoL IT Department used the best, up-to-date IT techniques as to design the Legislation Consolidation Database, including relevant entry interfaces, editing modes, editor modes, work programs and Legislation Consolidation webpage. The Legislation Database on the AL MUQTAFI accommodates 13,000 pieces of legislation (including constitutions, basic laws, laws, and secondary legislation). Of these, only 5,540 items of legislation are now in force in the Palestinian territory.

Consolidated Legislation Legislation Consolidation Project: – In the context of its activities to develop and disseminate regulations to the public, and in line with its vision to promoting the primacy of the rule of law and establishing justice and human rights, IoL launched the Legislation Consolidation Project, which was funded by the Government of Belgium. This endeavour is based on IoL’s mission to safeguard the Palestinian legal heritage, develop the legal system in Palestine, as well as promote partnership and cooperation with justice-related institutions. Concept of the Project: – The Legislation Consolidation Project aims to create new legislative units composed of original pieces of legislation that are consolidated with their relevant effective amendments. As such, a piece of legislation will be read as one integral final unit along with its respective amendments. The Legislation Database also provides an option to access any version of the piece of legislation in question at any point in time, as users decide. This process is in line with a systematic, scientific approach that assimilates problems associated with the Palestinian legal system.

Legislation Consolidation Project Scope of the Project: The Legislation Consolidation Project covers all effective 5,540 pieces of legislation. These include primary legislation as well as secondary laws and regulations. All items of legislation in force were consolidated. With respect to secondary legislation, only regulations passed by the Palestinian National Authority (PNA) were consolidated. In the future and depending on available resources, IoL intends to consolidate all operative regulations over various historical periods. In light of the current political and legal debate, laws amended by Israeli military orders were processed as follows: users can either browse such laws with the military orders consolidated therewith, or view the consolidated laws without reference to the relevant military orders (as we can see below).

Objectives The Legislation Consolidation Project works conforms to IoL's trend to updating and enhancing legal frameworks as well as benefiting from IT breakthroughs in order to develop legal databases and ensure free access to legislation. In particular, the Project aims to: – Simplify and make clear the Palestinian legal system that governs all aspects of life in Palestine. – In addition to the legal community, enable all interested groups to browse Palestinian legislation. – Introduce judges, lawyers, legal advisors and researchers to all amendments made to pieces of legislation. – In general, empower all law enforcement bodies to easily and clearly recognise their respective role in this regard. – Produce final images of pieces of legislation according to their own subjects. The outcome of the Project is to ensure enabling the Palestinian legislator to contribute to set legislative priorities as well as help update legislation in line with Palestinian needs and reality.

Project Outputs The Legislation Consolidation Project has produced a new database on AL MUQTAFI that accommodates consolidated pieces of legislation. The database features an appropriate search method. In addition, all relevant amendments and corrections will be electronically documented on due occasion. Below are images illustrating the form of consolidated pieces of legislation:

Form of Consolidated Legislation

Consolidated Texts

An article amended on more than one occasion

Amending Military Orders