1: Consideraciones preliminares

How to ensure a law will be responsive to national circumstances and real needs. Implementation of an overly ambitious legislation that is nor in line with national realities, needs or capacities will be difficult. This will also affect public confidence.  

There is therefore a need to observe: 

1. Legal landscape

• national legal traditions
• legal framework - general and specific to social security

2. Economic and social landscape - productive sectors, demographics and population characteristics (age, gender, labour market participation, skill levels, vulnerable/marginalised groups, etc..)

 

3. Institutional responsaibilities and structures (federal vs. state/provincial/regional jurisdiction)

 

4. Drafting practices and in particular drafting committees - identifiying existing or creating

 

5. Alignment between legislation and national strategies, policies and objectives

 

6. Financial/administrative capacity

 

7. Practice with regards to form/style/fit - review legislative techniques, structures, existing manuals for legislation, etc

A new law, or amendments to a law, should not stick out like a sore thumb. They should follow the form and formalities of the national jurisdiction. This includes aspects related to the logics of legal framework (formalities surrounding legislation as regards enacting provisions or amendments, etc) but also the lay out of legislation (i.e. number sections, titles, capitalisation, use of punctuation, etc). It is important to therefore respect local drafting practice. Often there is an existing manual for drafting legislation  that will provide guidance in this regard. Where not, a closer look at existing legislation can shed light on layout practice.