All content on one page (useful for printing, presentation mode etc.)
Guideline 32
A provision affecting the legal value or status of another provision should unambiguously specify the result it intends to achieve and the date from which it takes place.
| 32.1. |
A jurisdiction should use a standard form for expressing provisions effecting the following modifications in legal value or status:
- ratification (the regulation established through an international treaty is included in a municipal legal system);
- conversion (a temporary ordinance is converted into a permanent Act);
- delegification (a primary legislative source is made susceptible to modification though administrative regulations);
- reiteration (a temporary decree after the expiration date re-approved as a temporary decree, rather than being converted into an ordinary Act).
|
| 32.2. |
A jurisdiction should use a standard form also for expressing the following functional connections between provisions:
- implementation (an Act implements a pre-existing provision);
- application (an Act introduces provisions according to the requirements of a superior norm, as when a region applies a directive or issues a decree specifying the normative criteria stated by an Act);
- recasting (an Act results from the rewriting of a pre-existing Act, while the topic remains the same);
- republication (an Act is the republication in the Official Gazette of a pre-existing Act, but it is not an official legal document);
- codification (an Act is the consolidated version of pre-existing legislation);
- legislative delegation (an Act results from the Government’s exercise of a legislative power delegated by the Parliament).
|
