Legislative Support
Good legislation does not necessarily make good gov-
Main issues
ernment, but good government cannot emerge without good laws. The conditions necessary for respect for
human rights, democracy, and rule of law cannot im-
Domestic capacity: Numerous OSCE participating
prove without an adequate legal basis. Legislation and
States have been undertaking legislative reforms for
more than a decade as part of their transition process-
its implementation are therefore critical to the devel-
es. In cases where countries lack domestic capacity for
opment of democracy and the rule of law. Also, for
drafting new laws, the ODIHR encourages them to
democracy to function properly, laws have to be pre-
avoid working in a vacuum and, instead, to build upon
pared, drafted, discussed, and adopted through an
the experiences of other countries – both developed
open and transparent process that involves actors out-
democracies and countries in transition – and to try to
side parliament and government.
gain a better understanding of international standards
and their implications for domestic legislation.
A number of OSCE participating States have undertaken legislative-reform efforts either as part of a broad
Access to law: Legislators often operate in a nar-
transition to democracy or else in the face of emerging
row legal space, and their work is sometimes impeded
challenges that existing legislation is not adequate to
by the scarcity of legal resources available locally. These
handle. While the ODIHR has provided support and ex-
constraints are compounded by the fact that most gov-
pertise for such reforms for a number of years, it began
ernments of the OSCE region now face challenges that
taking a more structured approach in 2004 with the
require new legislation in interdisciplinary or cross-cut-
creation of a distinct Legislative Support Programme.
ting areas of law (involving several components of the
legal system, having a multinational/transnational di-
The primary task of this programme is to respond to re-
mension, etc.) where there are no or only poor prece-
quests from participating States for legislative assis-
dents and where they have little to no experience.
tance and to ensure the consistency of such responses.
Also, incorporating relevant international instruments
Assistance generally involves a review of draft legisla-
into domestic legal systems is still problematic, partly
tion in areas covered by the human dimension to en-
because of insufficient dissemination of international
sure compliance with international standards, particu-
standards.
larly OSCE commitments. Assistance may also go
beyond a mere review of draft legislation by providing
Legislative transparency: For democracy to func-
states with best practices that have been culled from
tion properly, laws have to be prepared, drafted, dis-
years of experience of working with a number of coun-
cussed, and adopted through an open and transparent
tries. Such practices and sample legislation may serve as
process that involves actors outside the parliament and
a source of inspiration for law makers in other parts of
the government. Increasing the transparency of the
the OSCE region. It also manages a web-based tool,
law-making process can improve confidence in the
www.legislationline.org.
legal system, and thereby the functioning of the government as a whole.
46
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