Crystal clear legislation-CCL is a formula recently used in international contexts which seems to refer not only toto more than mere clarity of legislative texts by mainly looking at language. The formula seems to evoke a sort of reinforced concept, a super-clarity which, starting from language used in of legislative texts, goes far beyond it, by looking also to at what is behind a piece of legislation and beyond it in order to ensure “full” accessibility to legislation. In other words, legislation is clear not only when people have material access to Statutes statutes and regulations or when people can understand in logical terms a legislative text but also when ordinary people may understand the reasons and the purposes of legislation, the way in which it complying complies with established rules, the consequences for non-compliance, the role of public bodies in charge of enforcement and the rules that they must observe, the interests which has moved of those promoting the adoption of the legislation as well as those who pays and who benefits for from the legislation. This super-clarity (CCL) is ever more necessary in times of crisis, when confidence in legislation is weak: CCL helps in repairing trust and in strengthening the functioning of democracy and the rule of law. The article provides an analysis of CCL decomposing breaking down its four determinants (physical, logical, operational and structural accessibility to legislation), and by expanding the reasoning on the topic of regulatory effectiveness and sustainability as a relevant aspect for CCL.
De Benedetto, M. (In corso di stampa). MAKING CRYSTAL CLEAR (AND SUSTAINABLE) LEGISLATION EFFECTIVE. THE THEORY AND PRACTICE OF LEGISLATION.
MAKING CRYSTAL CLEAR (AND SUSTAINABLE) LEGISLATION EFFECTIVE
De Benedetto Maria
In corso di stampa
Abstract
Crystal clear legislation-CCL is a formula recently used in international contexts which seems to refer not only toto more than mere clarity of legislative texts by mainly looking at language. The formula seems to evoke a sort of reinforced concept, a super-clarity which, starting from language used in of legislative texts, goes far beyond it, by looking also to at what is behind a piece of legislation and beyond it in order to ensure “full” accessibility to legislation. In other words, legislation is clear not only when people have material access to Statutes statutes and regulations or when people can understand in logical terms a legislative text but also when ordinary people may understand the reasons and the purposes of legislation, the way in which it complying complies with established rules, the consequences for non-compliance, the role of public bodies in charge of enforcement and the rules that they must observe, the interests which has moved of those promoting the adoption of the legislation as well as those who pays and who benefits for from the legislation. This super-clarity (CCL) is ever more necessary in times of crisis, when confidence in legislation is weak: CCL helps in repairing trust and in strengthening the functioning of democracy and the rule of law. The article provides an analysis of CCL decomposing breaking down its four determinants (physical, logical, operational and structural accessibility to legislation), and by expanding the reasoning on the topic of regulatory effectiveness and sustainability as a relevant aspect for CCL.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.


