Democratization
Legislative Support
than addressing them on an individual basis,
law by law, the focus should be on addressing
the underlying causes. Therefore, in addition to
providing advice on the substantive drafting of
legislation, the Office is also assisting states in
the development of effective, open, and transparent legislative processes.
Main Issues
k Insufficient exposure to international standards:
Governments and lawmakers in the OSCE
region are not always fully aware of the consequences for the legal system at the national level
of the treaties, conventions, and other international instruments that they have ratified. Experience has shown that international human
rights norms are not always properly interpreted or are insufficiently reflected in domestic legislation. This applies in particular to narrowly defined limitation clauses in human rights
treaties.
k Lack of resources and technical knowledge: Legis-
lators sometimes lack the resources and technical knowledge needed to draft legislation, particularly in areas where there are no domestic
precedents. With limited exposure to practices
and legal options from other countries, lawmakers rely on familiar concepts and models rather
than adapting to new challenges, even where
those models fail to address the task at hand.
David Goldberger (front)
and Alexander Vashkevich,
members of the ODIHR’s
expert panel on freedom of
assembly, at a roundtable on
legislation affecting freedom
of assembly, Belgrade, 28
June.
MILAN OBRADOVIC
All OSCE states face a legislative challenge: they
have to ensure that the laws they pass measure
up to the purposes for which they were conceived. In addition to ensuring compliance with
the relevant international standards, this also
implies a process of developing legislation that
can be effectively enforced to achieve its goals.
This requires that laws be prepared, drafted,
adopted, and published through clearly defined
stages and within a predetermined time frame.
Only such a properly managed process allows
for thorough discussions of the draft at each of
its stages, as well as the performance of certain
verifications indispensable to ensuring the effectiveness of the legislation. Ultimately, the real
test of a law’s effectiveness is its implementation:
how it is treated by law enforcement, how it is
interpreted by the courts, how it is respected or
implemented by the target population.
In lending support to OSCE states in the
development of sound legislation, the ODIHR
first focuses on helping lawmakers draft legislation that complies with the relevant international standards on a particular issue in all areas
of the human dimension. During the law-drafting stage, ODIHR experts provide advice on
how to ensure that international standards are
properly reflected, while also sharing experiences and practices from other countries that
have dealt with similar issues.
Drafting a good law, however, is only half the
work. Experience has shown that the most effective and efficient laws are the result of a legislative process that is composed of several stages
such as policy analysis, evaluating draft legislation before it is adopted, gathering input from
those who will be affected by the legislation, and
monitoring how the legislation is implemented.
Scrutiny of individual laws often reveals more
deep-seated weaknesses in a country’s law-making system. The same weaknesses tend to reemerge time and again, suggesting that, rather
Annual Report
47
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