Improving the Quality of Legislation in Europe

Front Cover
Alfred E. Kellermann
Martinus Nijhoff Publishers, Mar 3, 1998 - Law - 337 pages
In April 1997, during the Dutch presidency of the European Union, a three-day international conference was held in The Hague, The Netherlands, on the subject of The Quality of European and National Legislation and the Internal Market. The present publication comprises the proceedings and conclusions of this timely conference, which was organized by the T.M.C. Asser Instituut, The Hague, on behalf of the Ministries of Justice and Economic Affairs of The Netherlands and the European Commission. The objective of the conference was to suggest ways of improving the legislation in the European Union against the background of the common market. The quality of the drafting of Community legislation is crucial if it is to be properly implemented by competent national authorities and better understood by the public and in business circles. The conference focused on European legislation and on national legislation in the Member States. Representatives of the European Union, the governments, the academic world, industry and consumer organizations gave their views of and commented on the three main themes of the conference: (I) the experiences on European and national level regarding the judicial quality of legislation; (II) simplification of existing legislation and (III) assessment of draft legislation. The updated and revised versions of their studies and comments are published in the present book. During the final session of the conference, current initiatives in the field of improving the quality of legislation were reviewed (e.g., on consolidation, codification, guidelines and deregulation). The main findings of the conference were brought to the attention of the Internal Market Council and the IGC as a preparation of the European Council of Amsterdam (16-17 June, 1997) where the Draft Treaty of Amsterdam was concluded. Many of the conference findings and suggestions were repeated in the documents of the Draft Treaty. In addition to the above-mentioned contributions, the book contains (i) a valuable methodical digest of the conference, including a closer evaluation of the Draft Treaty of Amsterdam, and (ii) a summing-up of the results of the important debate by Professor L.J. Brinkhorst (European Parliament, Strasbourg/Brussels). The book is also enriched by relevant documentation in the field.
 

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Contents

Foreword T Koopmans
xxv
The Quality of European and National Legislation
xxvii
Opening Session
1
Introduction F G Jacobs
13
REPORTS AND COMMENTS
23
1
28
1
35
the Viewpoint
39
Session II
143
K Anderson
156
Organising a Simplification Programme L Palm
159
Comments
164
The Intrastat Case J Heimann
171
Working method
184
Lightening of Administrative Formalities in TaxLegislation J N van Lunteren
191
The Danish tax system some characteristics
197

3
43
21
48
30
54
Some conclusions
59
Summingup
65
Hochedez
73
E Caldwell
79
1
89
Elements of the Dutch general policy on legislative quality
91
General policy on the quality of Community
99
The European Commissions Business Impact Assessment
106
The German Experiences and Initiatives P C MüllerGraff
111
48
120
Expost control
124
Comments
129
Involvement of interested categories in the formulation of laws
135
Session III
205
R SchulteBraucks
207
Assessment of Draft Legislation in the Netherlands S Formsma
213
Assessment of Draft Legislation in Finland S Arkio
227
Conclusion
240
Weighingup the Risks L NevilleRolfe
245
111
260
How Can Administrative Burdens of Enterprises Be Assessed?
263
2
270
Comments
277
1
282
Concluding Address by the Minister of Economic Affairs of the Netherlands
289
117
295
239
311
of the Treaty of Amsterdam
332
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