Democratization
Workshop on Policy Development,
Impact Assessment, Mechanics
of Legislation, 14-15 May 2008,
Ashgabat.
explain them to legislators and other relevant
parties and, if necessary, to facilitate their incorporation into legislation. This follow-up can
come in the form of consultations with the relevant authorities or roundtable discussions on
draft legislation. For example, in April, experts
from ODIHR took part in expert consultations
in Yerevan, Armenia, on amendments to legislation regulating assemblies and rallies that were
passed shortly after clashes between protestors
and the police on 1 and 2 March. The aim of
these consultations was to discuss how to revise
the amended law to address concerns expressed
in a joint opinion from ODIHR and the Venice Commission. As a result, a Memorandum
of Understanding was prepared with the Armenian authorities, on the basis of which new
amendments were drafted. While noting that
not all of their concerns had been addressed, the
ODIHR and Venice Commission assessment of
the amendments was largely positive.
Improving legislative efficiency and
transparency
Drafting good legislation is only half the
work. The most effective and efficient laws are
the result of a structured legislative process
28
Annual Report 2008
including a number of key stages: policy analysis, regulatory impact assessment, evaluation
of draft legislation and, when appropriate, public consultations. While reviewing individual
laws, ODIHR has found that some, or even all,
of these stages are often missing or not regulated properly. This results in inefficient legislative processes that lack transparency. These
same omissions tend to be repeated, which suggests a need to address underlying causes.
The Supplementary Human Dimension
Meeting on “Democratic Lawmaking”, which
was held on 6 and 7 November in Vienna, drew
attention to the marked interest of OSCE participating States in addressing these issues.
Concerns about the quality and impact of legislation are universal, and the way in which legislation is prepared and enacted is increasingly
the object of scrutiny throughout the OSCE
region.
Since 2005, ODIHR has supported homegrown initiatives aimed at identifying legal and
practical measures for strengthening the capacity of legislative systems. In May, at the request
of the Turkmen authorities, the “Policy Development, Impact Assessment, Mechanics of
Legislation” workshop enabled lawmakers and
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