Draft Legislation Research Articles

Keep me posted, but don’t stress me out: how the positive effect of social networking services on civil servants’ information use and political capacities can be attenuated by social media stress

Public policy and administration debates typically assume that ICT tools, including social networking services (SNS), increase the amount of information that is communicated and thus harnessed for policymaking processes. At the same time, behavioral approaches point to the potentially detrimental effects of social media stress resulting from an overexposure to SNS. Because systematic research on the individual-level effects of SNS in policy formulation is rare, this paper explores the effect of SNS on the use of policy-relevant information and, thus, on individual political capacities. A moderated mediation analysis was performed based on survey data from central ministerial bureaucracies in Germany, Italy, and Norway, considering not only the amount of information utilized in legislative drafting but also the variability and concentration of the information sources. The results indicate that SNS positively relate to policy officials’ information use, which, in turn, increases their self-reported political capacities. However, the positive relationship between SNS and both the amount and the variability of information use was found to be diminished when levels of social media stress are high rather than low. The conclusions discuss the implications for civil servants and policymaking.

Polarization and the Ties That Bind: Congressional Staff Turnover

Congressional staff serve as the “invisible force” in Congress by helping draft legislation and conduct oversight. Given this, excessive turnover among staff is a loss of institutional memory and inhibits legislators’ ability to effectively conduct their constitutional duties. Using a mixed methods research design of interviews and a new survey of staff in the 115th session of Congress, I capture staffer intent to leave their current position and track whether they actually left their position 12 months later. Similar to civil servants, staff who report dissatisfaction with coworkers report higher levels of turnover intention, while the type of office, age, and level of education impact actual turnover. However, the extent to which polarization impacts staffers’ job satisfaction impacts both intention and actual exit. My study makes a unique contributions to the growing body of literature devoted to understanding congressional staff by providing important insights into how to recruit and retain staff.

Improving Compliance with Section 4(1) of the Recognition of Customary Marriages Act 120 of 1998: Registration of Customary Marriages

The article investigates the compliance with section 4(1) of the Recognition of Customary Marriages Act (hereafter the RCMA). The section compels spouses in customary marriages to register their marriages within a stipulated period. From the research, it is clear that there is non-compliance with the duty to register customary marriages within the prescribed ninety days after their conclusion. Furthermore, most registered customary marriages are registered only after their first year of existence. Most alarming is that the number of registered customary marriages is rapidly declining. The following factors were found to be reasons why there is non-compliance with the duty to register customary marriages: non-adherence to registration deadlines; absence of a culture of registering customary marriages; contradictions as to the party or parties responsible for registering a customary marriage; lack of a distinction between the process of registering (customary) and solemnising (civil) marriages; the adoption of a non-punitive approach in dealing with the non-registration; poor legislative drafting; the absence of knowledge of the rights and benefits afforded through the RCMA; minimal access to DHA offices and service delivery; the existence of other marriages (umfazi we phepha) and a high regard for civil marriages. The research shows the benefits of registering customary marriages and the adverse effects associated with non-registration. Based on the identified problems and adverse effects, recommendations are made on achieving compliance with the duty to register customary marriages. These recommendations include creating a culture of registering customary marriages, amending certain portions of the RCMA and its regulations, enhancing the registration process, improving literacy and embarking on education-related initiatives.

GENDERED LANGUAGE IN THE CONSTITUTION OF NIGERIA – REPHRASING TO ACHIEVE GENDER NEUTRAL DRAFTING

The use of words to portray gender and therefore apportion benefits or disadvantages is true in both verbal and written communication. This is even truer in legislative drafting, as the use of gendered language may depict a more serious problem of sexism, discrimination and paternalism in the society. Using the doctrinal approach, this paper examined gendered language in the Constitution of the Federal Republic of Nigeria 1999 relating to the qualification and appointment of judicial officers, to analyse the effect of such gendered language on the interpretation of the constitution and the likelihood of the female gender suffering disadvantage thereby. The paper found that the gendered language used in the 1999 constitution of Nigeria in the qualification and appointment of judicial officers, is gender insensitive, ambiguous and capable of excluding the female gender from consideration for appointment to such offices. It also found that the gendered language in the relevant constitutional provisions exhibit masculinity and does not promote the required gender equality in a legal draft. The paper recommended amendment to reconstruct the language of the constitution to achieve gender neutrality.

The interplay between environmental crime and corporate sustainability due diligence

Environmental crimes are a growing concern of today’s society, as are human rights violations committed by corporations. The European Union has defined both topics as legislative priorities and put forward two legislative instruments to better regulate these issues. On a first glance, there is no connection between these topics. However, this paper suggests that there is such a connection, and that the excellent timing of the proposals, which are being discussed at the same time, should be seized. This paper thus argues that the proposal for an Environmental Crime Directive should encompass a human rights approach by criminalizing the violation of serious due diligence obligations of the Corporate Sustainability Due Diligence Directive. Through a detailed analysis of the legislative drafting procedure leading to the proposal for an Environmental Crime Directive, this paper will assess whether such human rights approach is possible and whether it should be followed.

Quantifying public and private investment in European biopharmaceutical research and development.

Robust biopharmaceutical research and development (R&D) ecosystems require investment from both the public and private sectors. In Europe, there is an interest in growing biopharmaceutical R&D given its contribution to public health and the economy, which requires an understanding of current public and private investment. In addition, recent European draft legislation has focused on the public sector's contributions to biopharmaceutical R&D to inform pharmaceutical prices. However, there is little empirical evidence on the specifics of public and private funding for medicine R&D in Europe. This paper performs aggregative data collection to quantify 2019 investment in biopharmaceutical R&D by the public and private sectors in 6 countries: Belgium, France, Germany, Norway, Poland, and the United Kingdom. We find that, across these countries, the private sector accounts for just under two-thirds of investment. We contrast results to those obtained using high-level R&D indicators from the Organization for Economic Co-operation and Development (OECD) and contextualize differences. We then provide 2013-2019 estimates for Belgium, France, Germany, and the United Kingdom (countries with data to support such analysis), and show that total spending grew over those years, although proportions attributable to each sector remained stable. These findings should provide further evidence for debates on policies to effectively grow the biopharmaceutical R&D sector.

Qualche ‘aggiustamento’ alla disciplina dei magistrati vaticani.

Some ‘adjustments’ to the regulations on Vatican magistrates. Criticalities of the Apostolic Letter in the form of a «Motu Proprio» by the Supreme Pontiff Francis amending the Law on the Judicial Order, the Law on Provisions for the Professional Dignity and Economic Treatment of Ordinary Magistrates of the Court and the Office of the Promoter of Justice and the General Regulations of the Pension Fund dated March 27, 2024 ABSTRACT: The essay examines the content of the recent Apostolic Letter in the form of a “Motu Proprio” through which significant changes were introduced in relation to the office and status of Vatican magistrates, about multiple profiles (from those concerning the discipline of civil liability to those in economic and social security matters) from which a general trend in their favor emerges. They appear all the more noteworthy in consideration of the peculiar moment in which they were adopted, placing themselves on the sidelines of a court case which, in its own way, can offer at least some suggestions in their regard. In particular, however, the changes that were made find a considerably useful term of comparison not only in the situation prior to the reform, but above all in the innovations that have affected canon law in recent years (from which one can notice the recurrence of errors of legislative drafting of a similar nature) and in the Italian discipline regulating the same matter (from the observation of which potentially revealing analogies and divergences become evident). SOMMARIO: 1. Un’analisi su più fronti - 2. Tre nuclei tematici differenti ma correlati. La cessazione dell’ufficio di magistrato - 3. La responsabilità civile dei magistrati: una comparazione tra normativa vaticana e normativa italiana - 4. Segue: divergenze significative e lacune problematiche - 5. Il trattamento economico dei magistrati.

Development of proactive mode of providing tax deductions for personal income tax

The paper studies discussion issues of the simplified procedure for obtaining tax deductions for personal income tax (hereinafter referred to as PIT). The objectives of the study are the following: to review the changes in tax legislation from January 1, 2024 in the field of proactive mode of granting tax deductions for PIT, to justify the increasing role of this interaction between individuals and tax authorities, to identify current problems and to search for ways of solving them. The authors analysed the practice of application of the simplified procedure for obtaining property and investment tax deductions; statistical data of the Federal Tax Service of Russia on the provision of tax deductions in a simplified manner (1-DDK statistical form “On the declaration of personal income”). The analysis of key changes in the provision of deductions entering into force on January 1, 20124 was also conducted. The main problems that individuals may have when receiving deductions or that tax authorities may face in the course of tax control are highlighted, and possible ways to solve them are identified. The authors concluded, firstly, that it is necessary to form prefilled applications not only while receiving tax deductions, but also when paying PIT, for example, when a person sells real estate, cars. Secondly, it is required to enshrine in tax legislation the order of priority of providing tax deductions if a taxpayer has the right for several types of them. The obtained results can be used in developing solutions to taxation of personal income and provision of tax deductions, in legislative drafting on improvement of provisions of the state tax policy.

THE WESTERN LEGAL SYSTEM IN INDONESIAN CRIMINAL PROCEDURAL LAW REFORM: A GLOBALIZATION AND LEGAL POLITICS PERSPECTIVE

In the field of law, the influence of globalization is reflected in the legal politics of procedural law reform, which is currently still in the form of legislation draft. This study aims to analyze the influence of globalization on the reform of Indonesian criminal procedural law in relation to national legal politics. This research is normative legal research, which focuses on studying library materials. Based on the results of a comprehensive study is known, the Draft Criminal Procedure Code includes a new system originating from the western legal system such as adversary system in court trial. Adopting the adversary system into the Draft Criminal Procedure Code is a very revolutionary legal political reform of the criminal procedural law. Various challenges will be faced along with the adoption of the new legal system. Changes in the legal culture of law bearers is also a key variable in the success or failure of a western legal system implementation. Although the concept of the Criminal Procedure Code is colored by the western legal system, it does not conflict with national legal politics because it reflects universal legal principles, namely equality.

The Indonesian House of Representatives and its role during democratic regression

ABSTRACT Parliament and the separation of power are essential elements of democratic consolidation. However, what role does parliament take if democracy is in retreat? Following a comparative approach, this article analyses the role of the Indonesian House of Representatives (DPR) during a process of democratic decline. Indonesia is seen as a success story of democratisation. Since 1998, the country has transitioned from an autocratic regime to a vibrant multi-party democracy. However, twenty years on, academics have been highlighting far-reaching patterns of democratic regression. Whereas there have been studies of the democratic setback globally and more in-depth analyses of aspects of the Indonesian democracy in retreat, there has been little attention on the role of the country’s legislature in this situation. This article analyses how the DPR has been executing its legislative mandate during Joko Widodo’s second presidential term from 2019 to 2024. Examining three cases of legislation, it found the DPR is not actively resisting the democratic decline. On the contrary, the hypothesis has been proven that the parliament is an active factor in autocratic legalism. This has been most visible in the reduced scrutiny of draft legislation, limited deliberation, and narrow public consultation to serve elite interests. In addition to a weakened legislative role by the DPR, there has been reduced oversight and scrutiny of government policies, visible through limited questioning of ministers or inquiries into the use of the budget and the appointment of government-favoured candidates to national commissions, courts, and state bodies. Moreover, the nature of a consensus-based decision-making system has allowed the executive to effectively control the parliament, instead of the other way around. This is despite some reminders from the Constitutional Court to respect the legal provisions that require deliberation and consultation of the people.

Regulation Vs Legislation of Nursing Practice

Parallel operations take place in the legislative and regulatory systems. The procedures are distinct, but they are both equally powerful and public. Draft legislation (RUU) and passed laws (UU) are considered legislation. Enforcement of the law can be reasonable when it is regulated. The regulation is made in-depth and establishes the practical application of the legislation if it is written generally. A technique for gathering library data is employed, whereby the research subject is tracked down using a range of information from the literature. Bibliographic annotation analysis is the type of data analysis employed; it is a concise synopsis or crucial overview of the reading process of an article. Based on the findings of this study, regulations about the health profession are necessary to safeguard public safety interests by serving as a barrier to entry. The legal aspects of nursing practice are uncertain due to the rapid changes in regulations governing nursing registration and practice; therefore, nurses are seeking legislative stability. The 2014 Nursing Law number 38 of 2014 was released by the government. Due to their ability to control their fate and obtain the desired legal protection, Indonesian nurses are now considered respected professionals thanks to this legislation. Moreover, after nearly ten years, the Nursing Law was repealed, and law number 17 of 2023 concerning OBL Health (omnibus law) took its place. Adaptability is critical in a time of fast change, and the conclusion is drawn. There are numerous opportunities for politically astute nurses nowadays to influence public policy. Nurses can successfully manage the changeable environment if they are familiar with the regulatory process.

Research on the Legislative Power of Special Economic Zones

There are two components to the zones of special economic’ dual legislative authority: the legislative authority of delegation and the legislative power of power. The challenge of balancing the legislative power of delegation and the legislation of functions under the dual-power legislation, the imprecise definition of the practical application of the legislative authority of the special economic zones, and the significant tendency toward departmentalism in the laws about special economic zones are the primary issues facing the legislative power of the zones. Future improvements to particular economic zones legislation’s procedural framework are desperately needed. These improvements should focus on bolstering the legislature’s guiding role, enhancing the normative character of draft legislation with authority, and enhancing the system for reviewing draft regulations. Construct a path for resolving conflicts between internal regulations, including clarifying the purpose and scope of authorized legislation, strengthening legislative supervision systems such as filing and review, and improving overall legislative planning and methods.

The Role of Legislative Drafting on Establishing the Legal Certainty in Tax Legislations:Legal Analytical Research

The Role of Legislative Drafting on Establishing the Legal Certainty in Tax Legislations:Legal Analytical Research

Managing Legislative Drafting Projects by Applying Project Management Techniques

Abstract One of the most utilized methodologies in achieving goals out of projects is through project management methodology offered by Project Management Institute. It has shown tremendous positive outcomes and high control in planning, executing, and closing of projects, which made it a mandatory in operating many projects and monitoring large teams within a specific period. In the legal sphere, project management has been introduced to support law firms and in-house legal department in organizations, however, the legislative field in legislative bodies of many states in the world has not yet introduced this mean of management in their projects. The legislative drafting project goes through many stages and interacts with several stakeholders, which requires a high sophisticated management and control of deliverables on a timely manner within allocated budget. This paper will explore how project management could apply to the process of managing the legislative drafting work, starting from the planning stage until the appraisal of the legislative draft for Royal approval. It has been applied as per the Saudi government procedure for drafting legislative proposals in a way that introduces this technique of management in detailed stages to enhance the efficiency of such intellectual projects. Although it has been applied to the Saudi governmental structure, it could be utilized to fit different states that want to better manage legislative drafting projects. Aiming to show the usefulness of project management methodologies in legislative drafting projects by introducing project management (PM) way of administration to the field of legislative drafting.

SOME ISSUES OF IMPROVING RULEMAKING IN THE REPUBLIC OF KAZAKHSTAN

The article addresses issues related to the improvement of legislative drafting activity. The author pays special attention to solving pressing issues, based on the theoretical, academic and practical positions of scholars and the results of the current practice of authorized bodies. The article highlights various methods for drafting bills by the Government and Parliament of the Republic of Kazakhstan. For instance, there are separate Rules for legislative work for bills developed by the Government, which include additional mechanisms that necessitate a more detailed and comprehensive consideration of the draft law being developed. In turn, these requirements and some norms of the Law of the Republic of Kazakhstan "On Legal Acts" do not apply to bills initiated by deputies of the Parliament of the Republic of Kazakhstan. According to the author, this distinction is unjustified and could lead to negative consequences. The article also covers issues discussed in the Regulatory Policy Advisory Document for the draft law of the Republic of Kazakhstan "On introduction of amendments and supplements to certain legislative acts of the Republic of Kazakhstan regarding the improvement of rule-making process" (the draft was developed in December 2023), specifically the introduction of a new evaluation mechanism, namely "Regulatory Policy Assessments". Furthermore, the author examines the process of conducting the current model of organization and coordination of academic legal expertise and provides an assessment of this topic. In conclusion, the author offers specific recommendations for addressing the issues under consideration.

Конституційні принципи права Європейського Союзу

The article provides a comprehensive analysis of the role of constitutional principles of law in the process of legitimization and functioning of the European Union. The author emphasizes the problems of practical implementation and application of constitutional principles at the supranational and national levels. It is noted that a condition for the EU's stable development is to ensure its legal homogeneity, which implies that the Member States must comply with the basic principles of the EU's functioning and the provisions of two constitutional acts - the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). The article adopts a limited view of constitutionalism, which covers only those principles that regulate (a) the grounds for legitimacy at the level of the European Union and (b) the relationship between the supranational and national levels. These principles are: vesting of powers, subsidiarity, proportionality, institutional independence, and delegated sovereignty. The analysis of the five constitutional principles leads to the following conclusions: The Treaties on the European Union and the functioning of the European Union are not called a "constitution," but they have all the features of a codified body of constituent legal acts; the European Union is established as a federation, although in all respects it is a confederation, since the source of its legitimacy is the principles of delegation, subsidiarity and proportionality; the only direct source of legitimacy in the EU is the European Parliament, whose powers are still limited in certain areas due to the general EU restrictions on issues such as common taxation. The EU has a lot of potential power, despite the fact that the principle of delegation of powers aims to limit its powers to an exhaustive list of competences; a more effective and formalized platform for adopting laws in policy areas that intersect supranational and national levels is needed; the current system of providing national parliaments with reasoned opinions on draft legislation is rather limited to achieve a balance between the legitimacy of the Union and national legitimacy for powers that are actually exercised.

Adaptation and operationalisation of sustainable degrowth for policy: Why we need to translate research papers into legislative drafts?

Sustainable degrowth offers effective alternative strategies for tackling social and environmental problems such as climate crisis, resource depletion, biodiversity loss, and species hecatomb. However, it plays a marginal role in policy. Moreover, researchers need to operationalise many degrowth proposals in a more sufficient way for the policy. This mainly conceptual-methodological article conceptualises the problem of sustainable degrowth in policy as the problem of knowledge utilisation. How well research papers on the topic adapt to the needs of policy-makers is an important factor influencing this utilisation. This adaptation is under the control of researchers and may be seen as a necessary first step in the introduction of degrowth proposals into policy-making and further implementation. I argue that translating research papers into legislative drafts by researchers can be understood as adaptation of these papers to the policy-makers' needs. This is because the law can be understood as universal basis of public policies and fundamental language to express these policies. The legal system has a systematic, hierarchical, and logical structure while its language tends to be precise, clear, and unambiguous. Legal language may also be salient for many policy-makers. I labelled this way of adaptation as the Translational Legal Approach to Knowledge Utilisation (TLA). It can be applied beyond texts on sustainable degrowth as well. Based on the literature review, I theoretically and conceptually discuss the aforementioned hypotheses by looking at the corresponding criteria of research adaptation with characteristics of law and legal language. I provide the strongest support for the theses that translation of research papers into provisions of legislative drafts can increase readability, comprehensibility, precision, and operationalisation of degrowth research proposals, as well as helps to give them more systemic nature and incorporate policy-makers' context. Future research is needed to create a methodological framework for TLA as well as to empirically verify hypotheses made in this article.

The modern concept of improving the legal regulation of social security in Ukraine in the context of the development of the concept of civil society

This article focuses on developing the content of a contemporary, concept and strategic act aimed at enhancing the legal regulation of social security in Ukraine, contextualized within the evolution of the concept of civil society. The author advocates for the creation and endorsement of a Concept to facilitate the participation of civil society actors in bolstering the social security of modern Ukraine. Structurally, this Concept is composed of six parts. The first, ‘Problems that Require Solutions,' highlights issues such as the subpar quality of current legislation's legal regulation concerning the activities of civil society entities, leading to a legal vacuum in the legal framework and regulation of social security involving these entities. The second part, ‘Value Guidelines, Goals, and Objectives for the Implementation of this Concept,' delineates the foundational principles of the social security legal regulation mechanism in the context of civil society's development. Furthermore, it identifies the establishment of institutional, regulatory, and other resource conditions as a goal, enabling effective civil society participation in legally regulating conditions for a socially safe human existence in Ukraine.
 The third section of the Concept, 'Time Frame for the Implementation of this Concept,’ specifies that while the Concept is valid indefinitely, the resolution of key issues addressed therein should be accomplished before 2026. The fourth part, 'Methods and Approaches for Problem,’ includes strategies such as enhancing current legislation on the legal regulation of civil society actors’ participation in legal processes, especially in social security regulation; the development of a Strategy for Social Security Assurance by Civil Society Actors and its corresponding implementation program, among others. The fifth and sixth parts, 'Anticipated Outcomes’ and 'Estimation of Financial, Material, Technical, and Human Resources,’ respectively, complete the Concept. The article’s conclusion summarizes the research findings and identifies a list of regulations that should be developed and enacted as part of the Concept’s implementation. These include proposed legislative drafts such as the Laws of Ukraine 'On Social Security,’ 'On the Activities of Civil Society Entities in Ukraine,’ and 'On Public Lobbying Activities.’

Rurality, islandness and public policy in Scotland

ABSTRACT Territorial classifications are routinely used in public policy. In Scotland, the primary classification used to delimit what, where and who is ‘rural’ is the Scottish Government’s Urban Rural Classification, introduced in 2003. However, in the recent past, there appears to have been a reframing of ‘rural definitions’ in the Scottish policy context. We highlight some of the challenges associated with developing a more nuanced framing of ‘rural’, drawing upon an analysis of responses to the statutory consultations associated with three recent items of draft legislation: namely, the 2015 consultation on provisions for a future Islands Bill, the 2019 consultation on a proposal for a Remote Rural Communities Bill, and the 2020–2021 consultation to support the preparation of the Fourth National Planning Framework. Implications of these new framings for rural policy, planning and development are discussed. Our conclusion is that, while no territorial classification system is perfect, extending the use of existing tools may offer both robust policy support as well as meaningful insights that differentiate types of ‘rural’ in a way that is a better fit for current purposes.

Not just rubber-stamping: understanding the amending role of the Chinese legislature with bill text reuse

ABSTRACT Recent work challenging the “rubber stamp” view of authoritarian legislatures demonstrate that they are important arenas for policymaking. Yet their amending function remains understudied. To what extent is draft legislation modified in authoritarian parliaments? Why are some bills amended more than others? This article addresses these questions in the Chinese case, using a dataset covering 167 bills adopted by the National People's Congress or its Standing Committee from 2008 to 2022. I assess the degree of bill change by comparing bill content before and after parliamentary treatment with a text reuse method. Results show a moderately high level of amendment activity, with noticeable variations across bills. I argue that the amending role of the Chinese legislature serves a crucial mechanism for integrating and coordinating bureaucratic interests. I find that bills are modified to a greater extent if more ministerial and provincial stakeholders are involved within the legislative arena. This article provides systemic evidence supporting the power-sharing theory: legislative institutions compensate for the executive-level deficiencies and help manage intra-elite relations in policymaking. It does not confirm the influence of public opinion, casting doubt on the bottom-up account of bill change.