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Guideline 24


Internal and external references must be precise, to enable unequivocal identification of the provisions referred to.

24.1. References should be explicit and complete. They should clearly indicate the Act (type of the document, identification number, date of adoption, etc.) and the particular provisions referred to (higher-division or lower-division) to facilitate human and machine detection. The reference should not contain editorial elements like page or line numbers.
  • References should be drafted, as much as possible, using formulas corresponding to the tradition of the legal system concerned (e.g. "Chapter I, section 2, subsection c");
  • References should not be specified through the use of exception clauses (e.g. "Chapter III except section 21 and section 32");
  • Partial references should be avoided (e.g. "section 2 of the Act above" where previously the full citation of the Act was given);
  • References covering a range of sections should be avoided (e.g. "section 2-7"). It is better to list all the elements of a multiple reference (e.g. "section 2, 3, 4, 4A, 5, 6, 7");
  • Where several provisions are referred to, the information about the hierarchical structures should be repeated for every reference (e.g. "section 3, subsection a, paragraph i) and paragraph iv), subsection c, paragraph ii)" should become "section 3, subsection a, paragraph i) and paragraph iv), and section 3, subsection c, paragraph ii));
  • References may use the short title of the Act, and they may refer to an entire higher-division.
24.2. Where an Act is referred to for the first time, its title should be given. In all subsequent references, the Act can be referred to by using its number or its short title. For an Act which is generally known though its short title, the short title of the Act can be used also in the first reference, accompanied by the Act’s year and number.
24.3. The first reference to an Act requires a complete citation also when the reference is contained in the front-matter (usually in the recitals). When the full citation of an Act has been provided in the front-matter, its abbreviated citation may be used in the basic units.
24.4. When an Act is cited in the title of another Act, an abbreviated citation should be used, while the complete citation should be included in the basic-units.
24.5. The abbreviated citation should comply with the following rules:
  • the name of the enacting authority should not be repeated if both Acts are enacted by the same institution;
  • no reference should be made to the Official Gazette in which the cited Act was published; and
  • amending Acts should not be mentioned.

 


Guideline 23 Guideline 25

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