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Erbil, 6 December 2012

Legislative stock managementIllustrated legal techniques

Charles-Henri Montin, Senior Regulatory Expert,

Ministry of economy and finance, Paris

http://smartregulation.net

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Various complementary approaches to legislative stock management

1. A streamlined regulatory framework• continuous reviews of existing legislation, looking for

promoting more efficient and more effective legislative solutions

clarifying and improving the legibility of legislation updating and modernizing the regulatory framework

2. Improved working methods and simplified procedures • wider use of IT

3. Optimal effects on the economy • ensure legislation improves consumer choice, lowers prices

and introduces more competition by removing obstacles to FDI and business creation and operation

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Tools for simplifying legislation (1/8)

1. Codification

2. Recasting

3. Repeal

4. Other legislative techniques e.g. co-regulation, from Directives to Regulations

techniques aiming at reducing the volume of EU legislation and to render it more readable and legally clear, thus making it more accessible and easier to enforce.

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Tools for simplifying legislation (2/8)

1. Codification

• Process of bringing together a legislative act and all its amendments in a single new act. The new act passes through the full legislative process and replaces the acts being codified.

• Requires that the acts in question are in a 'standstill', i.e. legislation is not subject to substantial amendments during the codification process.

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Tools for simplifying legislation (3/8)

2. Recast

• Combines in a new legally binding act both the amendment of the substance of the legislation and the codification of the remainder which is intended to remain unchanged

• Repeals all the acts being recast • Full legislative process but special procedures to

enable the legislative authority to concentrate its attention on those parts of the legislative proposal which are new

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In grey: new text

Sections unchanged

Tools for simplifying legislation (4/8) Example of recast

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Tools for simplifying legislation (5/8) Example of recast

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Tools for simplifying legislation (6/8) Example of recast

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Tools for simplifying legislation (7/8)

3. Repeal

Removes those legal acts which are unnecessary,irrelevant or obsolete

e.g.1: Proposal for a Council Regulation repealing 14 obsolete Regulations in the field of the Common Fisheries Policy

e.g.2: Repeal of Directive 68/89 concerning wood in the rough

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Tools for simplifying legislation (8/8)

4. Modifying the regulatory approach

• Co-regulation (legislator focus on specifying fundamental requirements and allow associations and standardisation committees to define the technical data and specifications)

• Self-regulation

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To continue the study…

MENA OECD Governance Programme (for resources)

Further questions contact:• charles-henri.montin @ finances.gouv.fr