Codification of Legislation
Codification of legislation is a complex procedure, which involves the collection, recording, consolidation, clearing and systematic classification of legislative and regulatory provisions as well as the other matters of a particular policy area, including more specific relevant legal provisions and regulatory acts.
In particular, Codification of Legislation includes the following actions:
1. Concentration, recording and categorization of the existing matter as well as a comparative overview of the institutional framework of other EU Member States. By highlighting best practices
2. Administrative codification of the institutional and legislative framework governing the provision of services in a specific policy area for the consolidation in a codified text of all applicable provisions of a legislative or regulatory nature
3. Impact Analysis of Encoded Matters in the Framework of Good Law
4. Legislative codification of the institutional and legislative framework governing the provision of services in the specific policy area relating to the restructuring of provisions and the deletion of those explicitly or implicitly abolished but also of those transitional provisions which are not applicable and the recasting of the texts in a readable Language and in adapting the relevant provisions
5. Classification of codified policies in the policy area to make it available to citizens, businesses and good lawmaking structures
6. Create a comprehensive draft law that incorporates the above codings by creating a new institutional framework and governing the provision of services in this policy area.
The action of both the central administration and the supervised entities is governed by a number of laws and provisions that have been institutionalized or modified over time, sometimes adopted ad-hoc, to address specific needs of specific actors or areas of action, thus often appearing as Non-convergent, ineffective, and conflicting, and not even the exact number of laws applied. However, there is a clear picture of a fragmented field and a vast array of provisions that end up in a number of actions, methods and benefits that, while targeting recipients with common characteristics and needs, are radically different and create inequalities, gaps, deficiencies, delays , Opacity and huge waste of resources.
Implementation of codification is necessary in order to support the smooth implementation of the public administration, exercising its executive and strategic role in the effective implementation of public policies and in promoting the necessary reforms.
Public administration has significant needs in providing information to citizens and businesses about existing codifications and gaps in good regulatory standards. Better lawmaking structures achieve the updating of existing codifications and the consistent classification of new legislation and regulatory acts.
Consequently, the phenomenon of “multiplicity” deprives the legal order of the advantages of clarity, accessibility and legal certainty, which must be characterized by the regulatory framework in accordance with the good lawmaking guidelines.
In order to resolve or at least limit all of the above phenomena, it is necessary to codify the legislation by policy area and thematic unit.
The codification of legislation seeks to bring together – scattered the scattered laws and regulations to combat the phenomenon of multiplicity, bureaucracy and consolidate the sense of the rule of law.
In particular, coding is intended to:
- Effective centralization and organization of a large, complex legislative and regulatory matter that falls within the competence of a particular policy and which is diffused and fragmented into a multitude of legislation.
- The creation of a draft Administrative Codification, consolidating, clearing and systematically classifying the legislative texts and regulations, so that all the parties involved in this policy area are aware of the existing and in force laws and regulations.
The benefits of codification are to make legislation accessible and understandable to its addressees, basically citizens, businesses and good lawmaking structures, to reduce the unnecessary bureaucracy of public administration procedures, largely due to ambiguities and contradictions The rule of law, expand the rule of law and ultimately strengthen the sense of transparency of the acts of the Public Administration and the respect of the citizens towards our democratic citizenship.
The immediate beneficiaries of the implementation of the Project are the citizens, the staff of the Public and the wider Public Sector, as well as all those involved in the provision of social welfare and social protection.
In particular, the benefits that will result from the implementation of the proposed act are as follows:
– The primary benefit is to ensure that the central public administration has full control over the system and that it achieves its staffing function in an easy, short, equitable and fair way, both with regard to supervised and funded or subsidized entities, and To the final beneficiaries, citizens who need social protection and solidarity or welfare benefits and account for a large proportion of the total population of the country.
– Strengthen the institutional capacity of public authorities and stakeholders and support the public administration in improving and exercising its executive and strategic role, effectively implementing public policies and promoting the necessary reforms in this policy area.
– Consolidated and clear codified legislative text (Code) for all citizens, businesses and all stakeholders and organizational structures in the policy area.
– Reducing bureaucracy by recording the more specific legislative provisions and regulatory acts that give rise to administrative demands on businesses, citizens and good lawmaking structures to complete administrative acts so that the procedures and documents required for completion are clear Of any administrative act
– Creation of integrated services and mechanisms for the collection, processing, management and disposal of legislative and regulatory material
– Quick, easy and easy to read about their rights, obligations and actions and actions on regulatory matters and the legislative framework of the policy area, while reducing search and retrieval time (Reduction Administrative Burdens).
The codification project is implemented in four phases:
Phase A: Recording and compiling existing legislative and regulatory content
Phase B: Administrative Codification of Legislative and Regulatory Matters
Phase C: Impact Analysis of Encoded Matters in Good Law
Phase D’: Regulatory Framework Proposals (Codification of Legislation)
Phase A: Recording and compiling existing legislative and regulatory content
The purpose of this phase is to collect and record all formal laws and regulations as well as other relevant material. In particular, the above matter is defined as follows:
Legislative and regulatory: As such, the whole of the provisions of legislative and regulatory acts (laws, decrees, decisions, etc.) whose main subject matter is in the same or directly related field and the relevant or related individual provisions of legislative or regulatory acts With another main subject. This material includes any legislative or regulatory act, that is, a normative act that sets a rule with general and abstract content (regulation). Including provisions of acts irrespective of their formal validity (Constitution, Law, Parliament’s Rules of Procedure, Act of Legislative Content, Presidential Decree, Act of Cabinet, Ministerial Decision, Regulation, Organization, etc.) and regardless of their source of origin from the national or International law (international conventions, etc.) or EU law (European Treaties, Regulation, Directive, etc.). The basic unit in which the elaboration and presentation of the legislative and regulatory provisions is structured is that of the article, that is to say a single layout with a systematic unit containing a certain coherent regulation.
(A) Jurisdiction: As such, it means all decisions of courts or judicial bodies or formations in which provisions of the legislative and regulatory provisions are applied and interpreted.
(B) Administrative practice: As such, it means all decisions of bodies of the executive, independent authorities or other bodies of the administration or self-government, to which they apply in a particular case or are interpreted in a particular matter (eg PWD opinions) And abstract (eg circulars of Ministries, EU Decisions) the provisions of the legislative and regulatory provisions.
C) Other material: As such, any legal information contributes to the understanding and interpretation of legislation and regulations and does not belong to one of the two previous categories, eg. Scientific interpretation of the provisions, relevant articles, studies, etc.