[ Democratization ]
government and strengthening democracy. ODIHR’s
experience in providing assistance to participating
States on individual pieces of legislation has demonstrated that the shortcomings of individual laws are
often the result of shortcomings in the lawmaking system. Therefore, in 2005, ODIHR began developing a
methodology to address cases where lawmaking processes do not function adequately.
According to this methodology, assistance is provided following a comprehensive assessment of the
legislative process in a participating State, in order to
gain a detailed understanding of the specifics of the
legislative system and tailor assistance to the needs
identified.
Subsequent to the publication in 2010 of ODIHR’s
“Preliminary Assessment Report on the Legislative
System of the Republic of Serbia”, the Speaker of the
National Assembly of Serbia requested, in March 2011,
that ODIHR carry out a comprehensive assessment
of the country’s lawmaking process, focusing on the
legal framework and existing practices, and provide
detailed recommendations on how the system could be
improved. The Office agreed with the National Assembly’s Legislative Committee that the assessment would
include an evaluation of the regulatory framework; of
the structure, methods and levels of interaction among
lawmaking bodies; and of the mechanisms and procedures in place for preparing, drafting, adopting,
assessing, publishing and monitoring the implementation of legislation. The anticipated outcome of this
assessment is the promotion of a home-grown, comprehensive reform process for national decision makers,
followed by a series of thematic workshops in Serbia in
2012. The workshops will focus on challenges identified
in the report to be published in early 2012 and possible
solutions in light of the experience and practices of Serbia and other OSCE participating States, particularly
those that have recently joined the European Union.
The “Conference on Better Regulation in Eastern Europe”, held on 20 and 21 October in Tbilisi,
in co-operation with Gesellschaft für Internationale
Zusammenarbeit (GIZ) and the Georgian Ministry
of Justice, and a workshop on “Interaction of Government and Parliament through Different Stages of the
Legislative Process and Participatory Approach to
Law Making”, held on 23 November in Bishkek in, cooperation with the OSCE Office in Bishkek, were also
important activities to promote awareness of democratic lawmaking processes.
Guidelines for Legislators
ODIHR assists legislators from the OSCE participating States through the development of guidelines on
specific and, often, complex legislative issues. These
guidelines offer advice and expertise on the regulation of specific areas in the human dimension, based
on universal and regional treaties on the protection of
28
ODIHR Annual Report 2011
human rights and fundamental freedoms, evolving state
practice and general principles of law, all of which are
recognized by the OSCE participating States in their
human dimension commitments.
Each set of guidelines is drafted through an extensive consultative process involving expert discussions
and thematic roundtables with key stakeholders from a
wide array of OSCE participating States. Recognizing
the great diversity of legal traditions across the OSCE
area, the guidelines do not seek to provide blanket solutions or to aid in the development of a single model for
all OSCE participating States. Rather, they are intended
to clarify key issues related to the respective subject
matter and provide examples of good practices. ODIHR
guidelines are usually prepared in co-ordination with
the Council of Europe’s Venice Commission.
In February, the Office presented the ODIHR-Venice
Commission Guidelines on Political Party Regulation
to OSCE delegations in Vienna, and both the English- and Russian-language editions were shared with
participants in a Human Dimension Seminar from
18 to 20 May in Warsaw, where the publication was
launched officially. Work also continued in 2011 on
revision of the ODIHR Guidelines for the Review of
Legislation Pertaining to Religion or Belief, originally
published in 2004.
Access to Law
Legislators often operate in a narrow legal space, and
their work is sometimes impeded by a scarcity of locally
available legal resources. ODIHR’s legislative database, www.legislationline.org, improves access to laws
and the sharing of good practices and precedents from
other jurisdictions by providing a thematically structured online compilation of international standards and
domestic laws from OSCE participating States related
to the OSCE’s human dimension. The website has interfaces in English and Russian, but collects legislation in
all official OSCE languages. The site also contains all
ODIHR reviews on draft and existing legislation, as well
as on lawmaking processes.
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