Democratization
drafted the guidelines is now responsible for
updating them, and is also expected to offer its
expertise to OSCE participating States wishing
to introduce or improve existing laws and regulations in this area.
Improving legislative efficiency and
transparency
Experience has shown that the most effective
and efficient laws are the result of a clearly structured multi-phase legislative process. A piece of
legislation usually begins with an analysis of the
proposed policy, combined with, or followed by,
an assessment of the potential impact of the legislation (including its financial impact). Subsequently, a legislative agenda and timetables are
developed to ensure that adequate time is provided for the preparation of various legislative
stages. The legislation is drafted in accordance
with pre-established work plans and following
standardized drafting techniques. Efficient and
transparent procedures for co-ordination and
consultation are in place. In particular, those
who will be affected by the legislation — interest groups, NGOs, the public — are given ready
access to the draft law and ample opportunity to
comment on it. Finally, once the law is passed
and enacted, its functioning and effectiveness
are monitored and assessed on a regular basis.
While reviewing individual pieces of legislation, ODIHR has found that some or all of these
stages are missing or not properly regulated or
conducted in the legislative processes of countries undergoing political transition or conducting major legislative reforms, resulting in inefficient legislative processes that lack transparency. ODIHR also noted that the same weaknesses were being encountered repeatedly,
which suggests the need to address the underlying causes.
Therefore, ODIHR developed a pilot methodology to support domestic initiatives aimed
at making the legislative process more efficient,
open, and transparent. The point of departure
is that any technical-assistance scheme needs to
be preceded by an assessment of the legislative
process. The assessment phase aims to ensure
that any assistance provided is based on actual
needs and provides a basis for effective co-ordination of the international community’s efforts.
This methodology was consolidated in 2006 and
2007 on the basis of experiences with the first
such assessment conducted in Georgia in 2005.
In addition to support of election legislation or legislation ensuring the implementation of human rights standards, such as freedom of religion or belief, ODIHR provided legislative reviews and legal commentaries on the following:
Azerbaijan
Law on Freedom of Assembly (revision)
Belarus
Draft Law of the Republic on Public Opinion Polling
Kazakhstan
• Draft Law of the Republic on Amendments to Selected Legislative Acts Concerning Arrest as a
Preventive Measure
• Legislation Concerning Labour Activity Undertaken by Foreign Citizens on the Territory of the
Republic of Kazakhstan
• Amendments to the Constitution of Kazakhstan
Moldova
• Draft Law on Political Parties
• Draft Law on Assemblies
Montenegro
Draft Constitution of Montenegro
Tajikistan
Draft Law on Civil Society Organizations (Associations), as revised
Turkmenistan
Law on Migration, as revised
Ukraine
Draft Law on Civil Society Organizations
Former Yugoslav
Republic of Macedonia
Proposal for the Adoption of the Law on the Legal Status of Churches, Religious Communities, and
Religious Groups (Advisory Council of the ODIHR Panel on Freedom of Religion or Belief )
38
Annual Report 2007
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