Legislative Drafting for the EU

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Legislative Drafting for the EU

Transposition Techniques as a Roadmap for Better Legislation and a Sustainable EU

9781788114332 Edward Elgar Publishing
Helen Xanthaki, Professor, University College London, UK; Dean, Postgraduate Laws Programmes, University of London (Worldwide); President, International Association for Legislation; Member, Committee for the Scrutiny of the Quality of the Law-Making Process, Presidency of the Government, Hellenic Republic
Publication Date: 2024 ISBN: 978 1 78811 433 2 Extent: 374 pp
Legislative Drafting for the EU calls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims.

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Contents
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Legislative Drafting for the EU calls for reform in the design of EU legislation to bolster its strength in political, social, and economic spheres. The book offers technical guidance on how to achieve such reform through drafting, and underlines the importance of accessible communication to create collective ownership of the regulatory aims.

This innovative book reveals the weaknesses in the current drafting of EU law and recommends concrete changes for these regulations and directives in order to aid transposition. Highlighting the importance of drafting techniques, Helen Xanthaki offers an insightful analysis of EU legislation and emphasises the benefit of citizen-centred law-making in sustaining loyalty and trust in the EU. The author explores how reform is necessary to reflect the current usage of EU legislative expressions as the final legislative text for regulation, both at supranational and national levels. Considering the best ways to aid this reform, the book discusses legislative effectiveness and regulatory efficacy, Thornton’s methodology, and the use of easified and gender inclusive language to achieve clarity, precision, and unambiguity.

Providing an incisive examination of EU legislative drafting and its implications for the member states, this thought-provoking book is a crucial read for scholars of European law, legislative drafting, regulation, and EU studies.
Critical Acclaim
‘This book is definitely worthwhile reading to challenge the current orthodoxy on how EU legislation is drafted. It contains many worthwhile insights into the regulatory process in the EU and how it could be improved.’
– Ronan Cormacain, The Theory and Practice of Legislation

‘This book arrives at appropriate time. Professor Helen Xanthaki (one of the world’s leading expert on matter of legislation) did not write only a book on technical aspects of EU legislation transposition: rather, she aimed to analitically examine (and exploit) the incredible potential of procedures in strengthening institutional trust and legitimacy, with special regard to sustainability and longevity of the EU. Due to its well conceived structure and to its attention to the noble practice of legislation, this is a must-read book, both for academics in the field of legislation and for drafters and practitioners, at all level of government.’
– Maria De Benedetto, Roma Tre University, Italy

‘For our political family in the European Parliament, law-making is not just about making law, but about communicating with citizens. This is not just a matter of law, but a matter of trust on which all laws need to be founded. Prof. Xanthaki''s excellent work is a timely and much-needed reminder that legal drafting is a tool for bridging the gap between the EU and its citizens.’
– Simon Busuttil, Secretary General, EPP Group, European Parliament

‘Most of the debate on the policy trajectory of the European Union gravitates around the goal of the digital and ecological transition. Yet, to achieve that goal, both the EU institutions and the Member States have to upgrade significantly their legislative culture, approach and regulatory techniques. Professor Helen Xanthaki is uniquely positioned to provide a blueprint of transposition techniques, balancing with exquisite intellect and experience the art and science of this complex yet fundamental task.’
– Claudio M. Radaelli, European University Institute, Italy, and University College London, UK

‘Authoritative, comprehensive in scope, practical in focus, and well-written, this book deserves to become a point of reference in the field.’
– Panos Koutrakos, City, University of London, UK
Contents
Contents:
1 Transposition techniques for EU legislative reform:
serving EU longevity and sustainability
2 Understanding the transposition task: the intricacies of
transposition
3 Analysing the transposition task
4 Designing the transposition law
5 Composing and developing the transposition law
6 Verifying the transposition draft law and completing the
transposition task
7 Legislating for EU accession and approximation
8 Drafting for exit from the EU
9 A transposition-led drafting style for Regulations
10 A transposition-led drafting style for Directives
11 How do I get there? A methodology for the reform of EU
legislation: Better Regulation applied
12 Conclusions – Legislative reform for sustainability and
longevity of the EU
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