Predictability, coherence and consistency of legislation

An official guidance document establishes nomo-technical standards, norms and rules for legal drafting and law making

Review of existing regulations, official manuals and/or guidance documents and methodologies on legal drafting and law making. The guidance document covers nomo-technical norms and other standards and rules for ensuring consistent, clear, and coherent legislation. The guidance document is officially endorsed by the relevant government body and be available for use by officials during legal drafting.

A central government institution is assigned to check the quality, coherence, and consistency of legal drafting

Review of the national legislation and regulations to confirm that the quality-control function on legal drafting and legal consistency and coherence is established and assigned to a central government institution (the quality-control body for legal drafting).

The quality-control body for legal drafting consistently reviews and provides opinions on all draft laws before approval

Consistency checks on the quality of legal drafting are carried out based on the review of all draft laws considered and approved by the government during the last full calendar year. All approved laws have received an opinion of the responsible quality-control body (e.g. the legislative secretariat, the ministry of justice). Information about all draft laws is provided by the administration, together with information about supporting documents and opinions issued by the quality-control body. Additionally, the actual opinions of the quality control body are requested and reviewed for a sample of five draft laws. No inconsistencies should be identified.

Perceived availability and accessibility of central guidance and support on legal drafting by civil servants (%)

Analysis of survey responses from a sample of public servants to the following question: “To what extent do you agree with the following statement?: Guidance, advice and support are available when drafting legal acts, including laws and regulations.” Answer options are: Strongly disagree, Tend to disagree, Neither disagree nor agree, Tend to agree, Strongly agree, Do not know, Prefer not to answer. Points are allocated based on the percentage of respondents who replied “Tend to agree” and “Strongly agree” to the survey question (x): • x < 10% = 0 points. • 10% ≤ x < 90% = linear function. • x ≥ 90% = 3 points.

Perceived clarity and stability of government policy making by businesses (%)

Analysis of responses by a sample of businesses to a survey in which the respondents are asked if they agree with the following statement: “Laws and regulations affecting your company are clearly written, not contradictory and do not change too frequently.” Answer options are: Strongly disagree, Somewhat disagree, Neither agree nor disagree, Somewhat agree, Strongly agree, Do not know, Prefer not to answer. Points are allocated based on the percentage of respondents who replied “Somewhat agree” and “Strongly agree” to the survey question (x): • x < 10% = 0 points. • 10% ≤ x < 90% = linear function. • x ≥ 90% = 3 points.

Laws amended one year after adoption (%)

The assessment is based on the analysis of all new laws approved by parliament two years before the assessment year. Assessors divide the number of all new laws approved by parliament for which amendments were introduced and approved within 12 months of their approval by the total number of all new laws approved two years preceding the assessment year and express the value as a percentage. Laws and amendments to those laws initiated both by the government and parliament are considered. Points are allocated based on the percentage of laws that were amended within one year after adoption (x): • x > 10% = 0 points. • 10% ≥ x > 1% = linear function. • x ≤ 1% = 6 points.