Bills in Inter-ministerial Consultation Procedure: Key Phase of the the Legislative Process or Moment for Opportunity for Trivial Comments? Cover Image

Návrhy zákonů v meziresortním připomínkovém řízení: zásadní fáze legislativního procesu, nebo přehlídka malicherných podnětů?
Bills in Inter-ministerial Consultation Procedure: Key Phase of the the Legislative Process or Moment for Opportunity for Trivial Comments?

Author(s): Robert Zbíral
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: Law-Making; Executive; Bureacracy; Interministerial Consultation (Comment) Procedure; Quality of Laws; Empirical Analysis.

Summary/Abstract: Quality of both Czech legislative process and its outputs are generally viewed as tragic. Yet despite this consensual evaluation, we still know quite little even about important phases of law-making. One of these black spots is inter-ministerial consultation procedure (ICS) that serves as unique instrument for consultation of bills. This article seeks to fill the stated knowledge-gap and offers not only detailed review of formal framework of ICS, but mainly detailed empirical analysis of its course and results based on the data from 623 bills consulted between 2010 and 2016. Findings from the analysis suggest that mainly ministries participate in the ICS very actively (although to different degree) and the instrument significantly affects the content of bills. Therefore rather than adoption of profound changes to the process, it is recommended to constraint the frequent exceptions awarded within the ICS and prolong time dedicated to consultations.

  • Issue Year: 29/2021
  • Issue No: 2
  • Page Range: 261-289
  • Page Count: 29
  • Language: Czech
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