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Effects of the Quality of Legislation on the Approximation of Laws between Israel and the EU

Alfred Kellermann

The importance of the quality of legislation cannot be overstated. In the EU the concern for the quality oflegislation has been designated a policy item because of the consequences of legislation for the freedom of thecitizens, the order of society and the economic dynamics. EU legislation suffers poor quality of legislation andhas been criticized for being unclear as a result of a complicated legislative procedure based upon compromisesbetween Member States. The EU legal system may, to a certain extent, be compared with the Israeli legalsystem, since the roots of both are based on a variety of national legal traditions. Furthermore, the topic ofapproximation of laws between Israel and the EU was laid down in Article 55 of the Association Agreement ofJune 2000: “The Parties shall use their best endeavours to approximate their respective laws in order to facilitatethe implementation of this Agreement”. In the Action Plan of December 2004 between Israel and the EU withinthe framework of the European Neighbourhood Policy, under the heading 'Co-operation in Justice and HomeAffairs', one of the overall objectives is to “Identify the scope for Israel to participate in relevant EU programmes,and in this context identify the scope for legislative approximation, where required by the relevant programme”.We will first give an overview of proposals and initiatives concerning the quality of legislation proposed by the EUand the OECD. We shall then review guidelines concerning legislation in some EU Member States and in Israel.Finally, conclusions will be drawn with regard to recommended ways of implementing Article 55 of theAssociation Agreement and relevant parts of the ENP Action Plan between the Parties.

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