Democratization: Legislative Support
Programmes
Programmes
Region
Legislative Reform Assistance
OSCE Region
Joint EC-ODIHR Programme: Promoting Legislation Reform and
Criminal Justice in Central Asia
Central Asia
an analysis of the proposed policy, combined
with, or followed by, an assessment of the potential impact of the legislation (including its financial impact). A legislative agenda and timetables
are established 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. Those
who will be affected by the legislation — interest
groups, NGOs, ordinary citizens — are given an
opportunity to comment on the draft legislation.
And finally, the functioning and effectiveness of
the legislation are monitored and assessed on a
regular basis.
While reviewing individual pieces of legislation, the ODIHR found that some or all of
these stages were missing or not properly regulated or conducted in the legislative processes
of countries undergoing political transition or
undertaking major legislative reforms, resulting
in inefficient legislative processes that lacked
transparency.
In response, the ODIHR has developed a
pilot methodology that aims to make legislative processes more efficient, open, and transparent. The first step is to survey a particular
country’s entire legislative process, including
the structure and interaction of the institutions
involved. A subsequent analysis is carried out to
identify weaknesses or gaps that need to be rectified. Finally, depending on the outcome of the
previous stages, a series of workshops bringing
together those involved in the legislative process
in order to find solutions to the identified problems may be considered.
The first stage of this new methodology was
conducted in Georgia and Ukraine in 2005, with
planning underway for the remaining stages to
be carried out in 2006.
ANNUAL REPORT 2005
III. Further strengthening legislationline.org
Legislationline (www.legislationline.org) is a free-of-charge online legislative database that was created in 2002 to assist OSCE participating States
in bringing their legislation into line with relevant international human
rights standards. The database was designed as a drafting tool for lawmakers, not simply as an archive of domestic or international legislation. Its
purpose is to provide assistance to those who prepare and draft laws at
the working level. Through Legislationline, they can obtain examples and
options from other countries’ legislation that can help them make their
own choices. The activities involved in maintaining the database not only
benefit lawmakers but also permit ODIHR experts to observe patterns in
legislative activity, identify best practices, and monitor the application of
international standards.
As a reference tool for a variety of users (primarily law drafters, legal
professionals, government officials, parliamentary staff, and legal specialists in international organizations), it is the most comprehensive database
on legislation related to more than a dozen human dimension issues such
as human trafficking, elections, and citizenship.
Future Priorities
The ODIHR plans to increase its focus on legislative efficiency, first by conducting in-depth assessments of legislative processes in OSCE participating States and then by recommending ways to make the process more efficient. In 2006, depending on whether certain preconditions are met, it is
anticipated that the first stage of the new methodology for conducting
such assessments will be carried out in Kyrgyzstan and Kazakhstan. Similar assessments might also be conducted in Armenia and Moldova.
Legislationline will be redesigned and gradually translated into Russian,
and more information about legislative procedures in OSCE countries will
be made available.
Throughout the past year, the ODIHR conducted an evaluation of its
own legislative reviews in an attempt to improve its methodology and
design a strategy to improve the impact of its legislative-assistance work.
This process will continue in 2006.
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