Participating State
Legislation
Armenia
• Opinion on the Draft Law Amending the Section on Pre-trial Proceedings in Criminal
Cases of the Criminal Procedure Code
• Opinion on the Introduction of Changes and Amendments to the Judicial Code
• Opinion on Draft Amendments to the Law on Public Organizations
Azerbaijan
• Opinion on the Draft Law on Domestic Violence
Bosnia and
Herzegovina
• Gap Analysis of Legislation Pertaining to Trafficking in Human Beings
• Opinion on Draft Amendments to the Criminal Code
Former Yugoslav
Republic of Macedonia
• Comments on Provisions Relating to Hate Crimes in the Draft Criminal Code
• Comments on the Draft Law on Prevention and Protection against Discrimination
(prepared jointly with the OSCE Spillover Monitor Mission to Skopje)
Kazakhstan
• Comments on the Law on Amendments and Additions to Some Legislative Acts of the
Republic of Kazakhstan on Issues of Religious Freedom and Religious Organizations
• Preliminary Opinion on the Package of Laws and Draft Laws Related to Domestic
Violence
• Opinion on the Draft Law on Population Migration
• Opinion on the Draft Law on Crime Prevention
• Opinion on the Draft Law on Domestic Violence
Kyrgyzstan
• Opinion on the Draft Law on Assemblies
• Opinion on the Draft Law on Amendments and Additions to Some Legal Acts of the
Kyrgyz Republic Pertaining to Non-commercial Organizations
• Opinion on the Draft Law on Political Parties
• Opinion on the Draft Law on Religious Education and Religious Educational
Institutions
Montenegro
• Opinion on Article 443 of the Criminal Code
• Comments on the Draft Anti-discrimination Law
Serbia
• Opinion on the Draft Law on Prohibition of Discrimination
• Opinion on the Draft Law on Secrecy of Information
Ukraine
• Opinion on the Draft Law on Combating Trafficking in Human Beings of the Republic
of Ukraine
24
Improving Legislative Efficiency and Transparency
Effective and efficient laws are the result of a structured
legislative process that includes a number of key stages:
policy analysis, regulatory-impact assessments, an evaluation of draft legislation and, when appropriate, public
consultations. While reviewing individual laws, ODIHR
has found that some or all of these stages are often
missing or not properly regulated. This results in inefficient legislative processes that lack transparency. The
same weaknesses tend to repeat themselves, suggesting a need to address underlying causes.
Before offering technical assistance aimed at improving lawmaking, ODIHR conducts an assessment of the
legislative process in order to gain a detailed understanding of the specifics of the legislative system,
including the structure of and interaction between the
institutions involved. This allows ODIHR to identify areas
in which improvements are needed and to make recommendations on how such improvements can be
made.
In 2009, ODIHR brought to a close the second phase
of this process in the former Yugoslav Republic of Macedonia. Over the year, four roundtables were organized
Democratization
by the national board for the reform of the legislative
process to develop recommendations for the cabinet
of ministers. ODIHR’s role was to support the establishment and functioning of the national board, comprising
government representatives and parliamentary stakeholders in the legislative process. ODIHR also supported
the board’s work on the recommendations by providing international expertise on various issues connected
with making the legislative process more efficient and
transparent, such as the inclusion of civil society in lawmaking, the use of expertise, law-drafting skills and
efficient approximation of national legislation with EU
law.
Also in 2009, preliminary trips were undertaken to
Kazakhstan, Armenia, Serbia and Albania to discuss
assessments of the lawmaking systems with the relevant stakeholders.
Guidelines for Legislators
As mentioned above, ODIHR sometimes develops
guidelines on specific legislative issues when lawmakers
from a number of OSCE states find themselves dealing
with the same problems. These guidelines draw heavily
ODIHR Annual Report 2009
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