Democratization
In the Russian Federation, ODIHR, in cooperation with the International Organization
for Migration, continued providing expertise to
migration authorities, in particular since new
migration legislation came into force in January. A survey was carried out in 2006 to identify possible challenges related to the implementation of the new legislation, and recommendations for improvements were made. The results
of the survey were presented at a workshop in
Moscow at the end of 2007.
V. Legislative support
Most countries, including those in the OSCE
region, face the task of drafting and adopting
legislation on a regular basis. This entails translating policies into practice by ensuring that
the laws passed measure up to the purposes for
which they were conceived. One of the considerations to be taken into account when drafting and adopting legislation is compliance
with relevant international standards. For this
to be ensured, laws must be prepared, drafted,
adopted, and published through clearly defined
stages and within a pre-determined time frame.
Only such a properly managed process allows
for thorough discussions of the draft at each of
its steps, as well as the performance of certain
Assessment Methodology
There are three main aspects to every assessment. First, an assessment should be comprehensive, covering the entirety of the process by which legislation is prepared, drafted, discussed, adopted, published, communicated, and evaluated. Second, it should describe the system both on paper and in practice. Finally, it should be objective and sufficiently detailed to
support credible recommendations for reform.
An assessment is a three-stage process. An initial on-site visit aims to ascertain the level of
interest or support on the part of the relevant state authorities and to gather preliminary data
on the legislative system, which is then followed by the preparation of a preliminary report
giving a description of the key features of the legislative system. A second visit is conducted to
interview senior members of government, parliament, civil servants, legal professionals, and
non-governmental organizations on the basis of questionnaires sent in advance. The third and
final stage involves the preparation of a report that provides an overview of the existing procedures and practices, an assessment of those procedures and practices, and recommendations
for addressing any shortcomings identified.
An assessment is expected to act as a catalyst for reform. Whether it achieves this depends,
of course, on the response of national decision-makers. If there is support for reform, then
ODIHR’s approach is to insist that the reform process be home-grown, comprehensive, and
properly integrated.
36
Annual Report 2007
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, 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, a regulatory
impact assessment, evaluation of draft legislation before it is adopted, gathering input from
those who will be affected by the legislation, and
monitoring how the legislation is implemented.
ODIHR’s provision of assistance to OSCE
participating States on individual laws has
revealed common problems in the management
of the law-making system. The same weaknesses tend to re-emerge time and again, suggesting that, rather 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 also assists
states in the development of effective, open, and
transparent legislative processes.
Strengthening capacity for legislative reform
Legislative reform is high on domestic agendas throughout the OSCE region. Whether as
a result of a commitment to meet international
standards or as a reaction to emerging domestic
or international issues and challenges, existing
laws are continually being assessed, reviewed,
and revised, and new laws are being drafted and
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