Checklist on Law Drafting and Regulatory Management in Central and Eastern Europe

The development of a regulatory framework which meets EU standards is a major concern in central and eastern European countries, and this not only to foster economic development but also to ensure the wellbeing of the citizen. To achieve this goal, it is important to create a sound institutional structure, to dispose of staff qualified in law drafting, to set up efficient procedures for co-ordination and consultation, and to ensure that the possible impact of new legal instruments is assessed before they are adopted. SIGMA has been requested by several of its beneficiary countries to assist them in this extremely difficult task to set up efficient and effective structures and procedures for law drafting. Besides several workshops which have been carried out regarding crucial issues in law drafting, this checklist has been developed to provide countries with an additional means for self assessment. This checklist offers a means for evaluating structures, procedures and techniques for preparing and drafting legislation, and for identifying methodologies that may be helpful when changes are under consideration. Law drafting comprises two stages: policy development, and preparation of the legislative text to give effect to the policy adopted. The checklist is primarily concerned with the latter. The checklist draws upon experience gathered in OECD and central and eastern European countries. In particular, it takes into account work carried out by the Regulatory Management and Reform Group of the OECD’s Public Management Service (PUMA) and concerns of the EU Phare Programme voiced in the context of the approximation of law with regard to EU accession.