First published in 1997. Article 224 is one of the most powerful Articles of the Treaty of Rome, allowing a member state to take unilateral measures and to suspend some or all its Treaty-based obligations in times of what can loosely be described as serious internal turmoil or external threat. It is for this reason that the very next Article of the Treaty, Article 225, allows the Commission or a member state to challenge invocation of Art.224, before the European Court of Justice (ECJ), on grounds of improper use. In practice, the use of Art.224, by a member state presents multiple problems. The obvious connection with defence and security issues has inhibited the ECJ which still has not given and authentic interpretation of this Article. As the recent former Yugoslav Republic of Macedonia (FYROM) cases (Greek referral for the embargo on FYROM) indicate, unless the use of Art.224 is blatantly flippant, the ECJ is not in a position to challenge a member state's unilateral measures.

First published in 1997. Article 224 is one of the most powerful Articles of the Treaty of Rome, allowing a member state to take unilateral measures and to suspend some or all its Treaty-based obligations in times of what can loosely be described as serious internal turmoil or external threat. It is for this reason that the very next Article of the Treaty, Article 225, allows the Commission or a member state to challenge invocation of Art.224, before the European Court of Justice (ECJ), on grounds of improper use. In practice, the use of Art.224, by a member state presents multiple problems. The obvious connection with defence and security issues has inhibited the ECJ which still has not given and authentic interpretation of this Article. As the recent former Yugoslav Republic of Macedonia (FYROM) cases (Greek referral for the embargo on FYROM) indicate, unless the use of Art.224 is blatantly flippant, the ECJ is not in a position to challenge a member state's unilateral measures.

Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.

Drafting Legislation sets out to prove Sir William Dale's doctrine that the rules for drafting good quality legislation are the same in common and civil systems of law. Legislative solutions can therefore serve the drafter, the judge and the practitioner of any jurisdiction. The book discusses the general issue of quality in legislation from the legislative process to the actual drafting interpretation and enforcement. It also analyzes topics related to quality in legislation such as clarity, precision and disambiguity, plain language and gender-neutral language and assesses whether Sir William's view of universality in the definition and elements of quality in legislation is right or not. The volume is of critical interest to students and scholars of European law and the philosophy and theory of law.

Legislation has traditionally been viewed as a text addressed to and used by lawyers and judges. But with enhanced accessibility via electronic publication of legislation in many Commonwealth jurisdictions, drafters "speak" not only to lawyers and judges, but also to untrained users. This shift of the legislative audience has changed radically the requirements for legislation and its drafting. This is crucially important as the quality of legislation within the Commonwealth remains an essential element of democracy and the rule of law. The book aims to alert policy officers, legal officers, law reformers, and drafters of the many innovations in the drafting of legislation within the Commonwealth. And ultimately to bring to light the academic foundations of the modern approach to legislative quality, which really boils down to effectiveness of the legislative product. This book was based on a special issue of Commonwealth Law Bulletin.

Legislation has traditionally been viewed as a text addressed to and used by lawyers and judges. But with enhanced accessibility via electronic publication of legislation in many Commonwealth jurisdictions, drafters "speak" not only to lawyers and judges, but also to untrained users. This shift of the legislative audience has changed radically the requirements for legislation and its drafting. This is crucially important as the quality of legislation within the Commonwealth remains an essential element of democracy and the rule of law.

The book aims to alert policy officers, legal officers, law reformers, and drafters of the many innovations in the drafting of legislation within the Commonwealth. And ultimately to bring to light the academic foundations of the modern approach to legislative quality, which really boils down to effectiveness of the legislative product.

This book was based on a special issue of Commonwealth Law Bulletin.

If you're involved in drafting or amending legislation in the Commonwealth, the EU or beyond, you need a guide that will help you with both the traditional and modern techniques of drafting good quality statutory law. Thornton's Legislative Drafting is recognised as the leading professional title in this area, used and referred to by legal officers and drafters internationally. Completely refreshed and updated, the new sixth edition includes full coverage of contemporary drafting developments and advances. Fully updated and alongside the detailed, learned and professional guidance and examples of best, and bad, practice, the new 6th edition includes new chapters on: - Legislation as a Tool for Regulation - Transposition of EU Legislation - Pre- and post-legislative scrutiny: the lifecycle of legislation Thornton's Legislative Drafting helps the reader to: - Identify the aim of legislation as one of the regulatory tools - Align their concept of legislative quality with that of effectiveness of legislation - Use effectiveness as the criterion for resolving drafting dilemmas - Apply the effectiveness doctrine to all aspects of legislative drafting - Earn exposure to examples of best and bad practice drawn from a plethora of jurisdictions - Earn awareness of best practice in aspects of legislative drafting worldwide - Understand the "why" behind legislative conventions, thus becoming equipped with the tools for their application in practice.

Based on selected papers from the International Association of Legislation’s 2018 Conference at Antwerp University this book considers the challenges posed by lawmaking in multi-level settings. It covers all multi-tiered systems, but a major focus is on the EU, where the tension between autonomy and efficacy is most evident. Part I examines the topic at the broadest level, including all types of multi-tiered systems. Part II focuses on the EU perspective and Part III on the perspective of the Member States. The authors are experts in various disciplines as well as practitioners, ensuring a multi-disciplinary approach.

Following on from the first volume, this unique book is the only collection of native analyses of the status of legislation in 30 European jurisdictions plus the EU. Each chapter, written by a national authority in the legislative field, presents and critically assesses: - the national constitutional environment and its connection with EU law; - the nature and types of legislation; - the legislative process; - the drafting process; - jurisprudence conventions; - the training of drafters. The book opens with a comparative chapter on the these six themes, and concludes with an analysis of trends and best practices in Europe. Legislation in Europe is a necessary addition to law and policy libraries, law-making institutions and agencies, and an invaluable tool for constitutional and drafting academics and practitioners.

This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.

This book offers unique insight to the regulatory, operational, and institutional advances of OLAF (the European Commission's Anti-Fraud Office). Since OLAF was set up in 1999, changes in the three levels of OLAF's functional environment have taken place: continuing advances in EU criminal law, especially in the areas of mutual assistance and substantive criminal law; the reconstruction of Eurojust and Europol though recent regulations and memoranda of cooperation; and the prospect of the Lisbon Treaty. The book shares the view that OLAF's current legal framework must adequately address these issues. The book's approach is multi-disciplinary. OLAF is examined through the prism of law and EU politics, thus focusing not only on the identification of current problems in regulation and procedure, but also on the feasibility of the institution in the future of European integration. This approach is dialectic in that after the exposure of regulatory and institutional defaults, operational solutions are then discussed. Although there is little doubt that OLAF suffers from regulatory discrepancies and institutional inefficiencies, there is value in the argument that its staff has managed to devise operational and functional mechanisms that address some of these problems, allowing the institution to proceed legitimately with its crucial role in combating fraud within the EU. Notwithstanding the efficiency and ingenuity of its staff, the need for express rules covering procedural and operational issues must be safeguarded in regulation. (Series: Studies in International and Comparative Criminal Law)

This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.

The success of the four core freedoms of the EU has created fertile ground for transnational organised crime. Innovative, transnational legal weapons are therefore required by national authorities. The availability of data on criminal convictions is at the forefront of the debate. But which mechanism for availability can be used effectively while at the same time respecting an increasingly higher level of data protection at national level? In the fluid, post-'Reform Treaty' environment, the EU is moving towards the creation of a European Criminal Record which will ultimately secure availability of criminal data beyond the weaknesses of Mutual Legal Assistance mechanisms. Examining the concept of a European Criminal Record in its legal, political and data protection dimensions, this multidisciplinary study is an indispensable exploration of a major initiative in European Criminal Law which is set to monopolise the debate on EU judicial co-operation and enforcement.