LAB: TECHNIQUES OF LEGISLATIVE DRAFTING
Instructional goals
The laboratory intends to provide a learning path of the main techniques for drafting legislative and administrative acts through the analysis of the related drafting rules, as well as through exercises aimed at the elaboration of different types of texts (draft laws, amendment proposals, opinions on draft regulatory acts of the Government, executive reports, regulations and general administrative acts).
Intended learning outcomes
1. Knowledge and understanding
By attending the lab, the student will acquire in-depth knowledge relating to the main drafting techniques used in the production of regulatory and administrative documents. In particular, the lessons and exercises will allow to examine the following profiles: the grammatical and stylistic characteristics of the normative language; the structure of regulatory, administrative and parliamentary acts; the techniques of abrogation / novellation of legal sources; the techniques and procedures for amending bills; the financial coverage of the expenditure provisions
2. Ability to apply knowledge and understanding
The student will have the opportunity to verify the drafting rules and techniques illustrated in class by examining practical cases and participating in exercises and simulations aimed at applying the aforementioned rules and techniques in practice. The activity of writing regulatory and administrative texts will allow the student to identify drafting problems and detect possible solutions in the field
3. Autonomy of judgment
Through the use of the methodologies acquired in the laboratory, the student will be able to use the main legislative and parliamentary databases, to autonomously understand the specificities of the legislative production process, to identify solutions to the practical cases submitted to his/her attention, to formulate their own critical judgment on the trends inferable from the study of concrete cases
4. Communication skills
At the end of the course, the student will be able to accurately master the terminology used in drafting. By participating in the various activities of the course - lectures, exercises, group work, simulations - the student will learn to acquire rhetorical and argumentative skills that will allow him to present the elaborated texts, highlighting both the technical-legal profiles and the substantive aspects in connection with the relevant public policy
5. Learning skills
By putting into practice the methods learned during lectures and exercises, the students will be able to elaborate in-depth studies and conduct research by consulting normative texts, parliamentary acts, administrative acts, as well as the related accompanying technical-normative reports, and the in-depth dossiers prepared by the competent administrative structures. This knowledge will provide the student with the professional skills that will allow him to deepen the issues addressed independently and to undertake various post-graduate professional training courses.
Course Contents
- The techniques for drafting laws and legislative acts
- The techniques for drafting administrative acts
- The legislative process and the writing and examination of amendments
- The drafting of a bill: explanatory report and legislative provisions
- The preparation of clauses covering the expenditure measures
- Multilingual drafting at European level
Reference Books
Suggested readings:
Guida alla Redazione dei testi normativi (circolare 2 maggio 2001, in GU 3 maggio 2001)
E. Albanesi, Teoria e tecnica legislativa nel sistema costituzionale (Napoli, Editoriale scientifica, 2013)
Regole e suggerimenti per la redazione dei testi normativi: http://www.tecnichenormative.it/draft/manualerescigno.pdf
B.G. Mattarella, La trappola delle leggi (Bologna, Il Mulino, 2011), capitolo VI: “Una grammatica trascurata: la tecnica legislativa”
R. Pagano, Introduzione alla legistica, 3 ed. (Milano, Giuffrè, 2004) parte seconda
V. Di Porto, Le regole per la redazione dei testi normativi statali, in Il linguaggio e la qualità delle leggi, a cura di Raffaele Libertini (Padova, Cleup, 2011)
Parti scelte da G. Piccirilli, L'emendamento nel processo di decisione parlamentare (Padova, Cedam, 2008)
G. Savini, L’attività legislativa tra Parlamento e Governo: continuità e innovazioni nell’esperienza del Governo Monti, spec. cap. II e III (Padova, Cedam, 2014)
Teaching Methods
Each lesson is divided into a first part devoted to the examination of techniques and cases of legislative drafting related to the issue debated and in a second part of tutorials constiting in the drafting of normative or administrative texts. The tutorials are organized as both individual and group work activities and are divided into moments of writing at home and in the classroom.
From the first lesson, students are divided into working groups, each of which chooses a policy / sector of interest.
Starting from the middle of the course, all groups will contribute to the writing of a bill on a subject agreed in class.
In the last lesson of the laboratory, the discussion of the bill will be simulated; each group participates in the discussion also through the presentation of amendments.
Assessment Method
1. Frequency
2. Assignment of exercises to be done in group during lessons and at home
The exercises are aimed at applying in practice the drafting rules and techniques illustrated during classes. By writing regulatory and administrative acts, the student will be able to identify drafting problems and select possible solutions
3. Ability to verbally illustrate the texts produced
In particular, the student will be able to accurately master the terminology used in drafting. By participating in the various activities of the course - lectures, exercises, group work, simulations - the student will learn to acquire rhetorical and argumentative skills that will allow him to present the elaborated texts, highlighting both the technical-legal profiles and the substantive aspects in connection with the relevant public policy
Thesis assignment criteria
N/A
Week 1 Contenuto sessioni on line e on campus
Topics:
Presentation of the course and of the working methodology
Sources of knowledge and use of IT tools
Tutorials:
Use of the main databases of the institutional sites of the Chamber and Senate. Search for:
- Bills (in the text approved in 1st and 2nd reading)
- Reports by the Parliamentary Research Services
- Research of normative texts in force on a certain date on Normattiva
Week 2 Contenuto sessioni on line e on campus
Topics:
The good quality legislation:
- theoretical introduction
- the sources on drafting
- the rules for writing a legislative text
Tutorials:
- Search for legislative provisions
- Preparation of amendments to current provisions (partial repeal, replacement, integration)
Week 3 Contenuto sessioni on line e on campus
Topics:
The legislative process
In particular: the legislative initiative and the fact-finding/evidence seeking activity in Committee
Tutorials:
Preparation of the articles of a legislative bill:
- of the initial articles indicating the purposes of the bill and the definitions of the main terms used
- of a interpretative provision
Week 4 Contenuto sessioni on line e on campus
Topics:
The reports accompanying a regulatory act:
- The illustrative report:
- The technical-financial report (RT)
- The technical/normative analysis report (ATN)
- The impact analysis report (AIR)
Week 5 Contenuto sessioni on line e on campus
Topics:
The use of normative techniques in "dual" proceedings:
- Financial and budgetary procedures
- European procedures
Tutorials:
Analysis:
- of the budget law and companion reports
- of the European law and the European delegation law and companion reports
Week 6 Contenuto sessioni on line e on campus
Topics:
simulation of a pre-council of ministers
Week 7 Contenuto sessioni on line e on campus
Topics:
The drafting, examination and voting of the amendments
Tutorials:
With reference to a specific legislative procedure:
- examination of a dossier of amendments
- preparation of various amendments
- analysis of the anti-filibustering techniques of voting on the amendments
Week 8 Contenuto sessioni on line e on campus
Topics:
The drafting, examination and voting of the amendments at the decree laws
Tutorials:
With reference to a specific legislative procedure:
- examination of a dossier of amendments
- preparation of various amendments
- analysis of the anti-filibustering techniques of voting on the amendments
Week 9 Contenuto sessioni on line e on campus
Topics:
Simulation of “a majority meeting” in Parliament
Week 10 Contenuto sessioni on line e on campus
Topics:
The sources of the emergency: the ordinances between national and regional law.
The DPCM
Tutorials:
Drafting of the motivation and of the provisions of an ordinance
Week 11 Contenuto sessioni on line e on campus
Preparation and discussion of the class bill:
- report by the majority rapporteur
- report by the minority rapporteur
- interventions by the representatives of the groups
- examination of the articles and amendments
- final explanations of vote
Week 12 Contenuto sessioni on line e on campus
Meeting with the representatives of the legislative offices of parliamentary groups
Simulation: Discussion of the class bill, in the presence of the representatives of the groups