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Legislative Drafting Process Within the Ministry of Internal Affairs of the Republic of Kosovo in Terms of European Legislative Standards-Legal Analysis

NCJ Number
244714
Journal
Internal Security Volume: 3 Issue: 2 Dated: July-December 2011 Pages: 25-30
Author(s)
Izabela Hrynek
Date Published
December 2011
Length
6 pages
Annotation
The aim of the present article is to analyze the legal instruments regulating the legislative drafting policy within the Ministry of Internal Affairs of the Republic of Kosovo.
Abstract
The article describes also legislative drafting activities within this Ministry, including e.g. legislative initiative right. Providing a proper quality of drafting of legal acts within the Ministry of Internal Affairs of the Republic of Kosovo is crucial for the aim to be commonly understandable by the citizens. It is also a condition for the appropriate implementation of legislation drafting within the Ministry of Internal Affairs of the Republic of Kosovo. The present thesis tries to give tools for a further discussion if the above mentioned Kosovar legal instruments constitute enough legal basis for achieving the high quality of drafting legal acts within the Ministry of Internal Affairs of the Republic of Kosovo. In this context the article takes into consideration existing European standards that constitute the basic guidelines for drafting process. The article bases on the main European legal acts that contain the various technical criteria to be taken as drafting the legislative acts particularly such as postulates to clearly define the rights and obligations of beneficiaries thereof or to provide the consistency of the various provisions of the acts and existing legislation. The present article analyses also the level of incorporation of best practices applied by the drafters of legal acts at the European level into the Ministerial legal acts. The article tries to give the answer if European measures in drafting procedures in the Ministry reflect on the quality of legislation established on their legal basis. This article constitutes the first step to develop the observations concerning development of legislation process in the Ministry of Internal Affairs of the Republic of Kosovo. (Published Abstract)

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