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Guideline 33


Modifications should be explicit, clearly detectable, and expressed using a standard form.

33.1.All modifications of a pre-existing Act should be explicit and well structured, with each modification set out separately.
33.2.Modifications should use the fixed formulas applicable in the relevant jurisdiction.
33.3.Modifications should not be conditioned on external or unpredictable events.
33.4.Since-then (ex-tunc) modifications (namely, modifications with an earlier date of application than the date of entry into force of the amending Act) should be avoided. Such a modification interferes with amendments to the modified provision having already taken place, in the interval between the application date and the entry into force of the retroactive modification.


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