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Coordination and horizontal harmonization of legislation in the Netherlands

Coordination and horizontal harmonization of legislation in the Netherlands. Jan A.B. Janus Jakarta 4- 7 July 2011. Coordination and harmonisation of legislation.

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Coordination and horizontal harmonization of legislation in the Netherlands

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  1. Coordination and horizontal harmonization of legislation in the Netherlands Jan A.B. Janus Jakarta 4-7 July 2011

  2. Coordination and harmonisation of legislation • Coordination of legislation and harmonisation of legislation are concepts that are often mentioned and dealt with together. And, although the borderline between these two concepts cannot always be drawn easily, a distinction between them is made in the various reports, policy papers and academic books.

  3. Coordination of legislation • Coordination of legislation is seen as the policy effort bringing the individual pieces of legislation in line in such a way that the policy coherence of the various sectors and ministries among themselves as well as between the separate administrative levels is being promoted.

  4. Coordination of legislation – Why? If the coordination between the rules within a law system is not adequate: • the effect of legislation can be frustrated • inconsistencies and unnecessary friction among regulators of a lower order, implementation and enforcement authorities, consumers and the courts will ensue.

  5. Harmonisation of legislation • What? • Why? • How?

  6. Harmonisation of legislation - What? Harmonisation of legislation: the legal-technical effort bringing the individual pieces of legislation into line with each other with the aim to prevent or reduce - unnecessary - differences in structure and system, concepts, design, wording, degree of decentralisation, methods of sanctioning, legal protection and public participation possibilities.

  7. Harmonisation of legislation - Why? • 1. to prevent intrinsic inconsistencies in the legislative framework; • 2. to enhance the simplicity of the law; • 3. to enhance the legal certainty; • 4. to improve efficient law making

  8. Harmonisation of legislation - How? • Legislative process • Organisational measures • General Acts of Parliament • Directives and model provisions

  9. The legislative process “Harmonising moments” during the legislative process? • Preparation • Council of Ministers • Council of State • Second Chamber • First Chamber

  10. Organisational measures As regards the preparatory phase, organisational measures have been taken through the years for the sake of: • 1 the harmonisation of legislation • 2 the deregulation process • 3 the improvement of the quality of legislation in general

  11. Organisational measures (2) At present: 1. All ministries have central Legislative departments. 2. The Minister of Security and Justice has a special responsibility for the quality of legislation. 3. Bills and draft Orders in Council must be presented for assessment to the Legislation Directorate of the Ministry of Security and Justice.

  12. The Council of Minsters Since a number of years the rule is in principle that before a draft bill is discussed in the Council of Minsters, it must first be dealt with in one of the preparatory committees and sub-councils

  13. The Council of State The Council of State (since 1 September 2010) the Advisory Division of the Council of State uses an assessment framework , when assessing bills and other requests for advice, This framework is made up of three elements: policy analysis, legal issues and technical aspects.

  14. The First Chamber Year Report 2009-2010: The First Chamber assesses among others the quality of draft legislation. Lawfulness, enforceability, practicability and effectiveness are regular points for consideration.

  15. General Acts of Parliament (1) General Acts of Parliament: Acts that lay down general rules governing a particular area of law

  16. General Acts of Parliament (2) General Acts of Parliament are of the same order as all other Acts of Parliament. Consequently the legislator can always deviate from the general rules in another Act of Parliament. In this context Instruction nr. 49 Directives on Legislation is important.

  17. The Legal Codes • Civil Code • Commercial Code • Code of Civil Procedure • Criminal Code • Military Criminal Code • Code of Criminal Procedure

  18. Other general Acts of Parliament (1) • General Administrative Law Act • Acts of Parliament Act (publication/entry into force) • Municipalities Act • Provinces Act • Water Boards Act • Judicial (Organisation) Act

  19. Other general Acts of Parliament (2) • National Ombudsman Act • Government Information (Public Access) Act • General Act on Entry into Private Property • Equal Treatment Act • Industrial Organisation Act • Economic Offences Act • General Extension of Time-Limits-Act

  20. Other general Acts of Parliament (3) • State Taxes Act • Customs and Excise Act • Water Act • Environmental Management Act • The General Provisions Environmental Law Act

  21. The Directives on Legislation They contain a great number of instructions (at present: 345) regarding general topics relating to regulations, general aspects of design as well as regarding special components of rules and regulations, amendments and withdrawal of regulations, procedures, treaties.and the preparation and implementation of EU secondary legislation.

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