Abstract

SILVEIRA, João Tiago. Common problems in law-making and legislative drafting of laws and regulations. e-Pública [online]. 2018, vol.5, n.3, pp.134-158. ISSN 2183-184X.

This article is aimed to address the some of the common problems in law making and legislative drafting of laws and regulations. After preliminary remarks, the paper addresses common problems of law-making concerning laws aimed to transpose EU directives and execute EU regulations. Then, the issue of the option between legislation and other instruments to address a policy matter is discussed, including the problem of enacting unnecessary legislation. Finally, specific issues on legislative drafting are addressed as i) issues on the language used by laws and regulations, ii) how to ensure legal certainty and iii) issues on clarity of legislation. The article ends with final remarks.

Keywords : Legislative drafting; law making; better regulation; law; regulation.

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