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Draft Bill No2046a – A law to pass good law?

November 12, 2015

Long has this blog, in fact all the years it has been running, lamented the grotesquely deformed, poorly crafted, weak, meek, counterproductive, ineffective, unimplemented, biased, and amended into impotency, legislation that was and is sporadically emitted from within the strangulated bowels of the Verkhovna Rada.

Almost anything half-decent has been either been subjected to Venice Commission “opinion” – often with that “opinion” partially or completely ignored – or clearly has the hallmark of “external assistance” with the Verkhovna Rada homework.

Many times, and increasingly since “European integration” became the proclaimed theme of the current leadership, has this blog pondered (rhetorically) just why such legislative nonsense continues to pour forth.

(The answer to that rhetorical pondering is of course the processes within the Verkhovna Rada, specifically at “committee stage” whereby vested interests simply prevent meaningful legislation, or eviscerate  a draft law of anything that harms vested interests.  If that fails there has always been the chance to rally the parliamentarians both loyal to vested interests or that are “for hire” to vote down a law.  Thereafter if still unsuccessful, there remains the oft achieved chance to amend any law into impotency once passed – Thus the processes and machinery of politics and the functionally of the Verkhovna Rada requires reform both for legislative reasons, and that of the quality of parliamentarians).

Indeed, when the issue of MP immunity and inviolability was stalling, the blog produced a list of “European” solutions, listing the parliamentary and judicial immunity and inviolability that exist across Europe, from the European Parliament to every Member State, posing the question why none of these were suitable for Ukraine?

(Yes that absolute immunity and inviolability still remains in place for Ukrainian judiciary and parliamentarians alike.)

As legislative “European integration” would seem to indicate close association either with EU law, or the most palatable for the Verkhovna Rada from amongst that of the 28 Member States, there would seem to be much existing “European” legislation to choose from all of which meet EU requirements.

Is there a need for the feckless wonders of the Verkhovna Rada to arrive at something radically different from the all the existing legislation already deemed to “European standard” by virtue of being existing legislation of current EU Member States?

Given a choice of 28 “European” laws on any subject, is there a need to create a 29th variant that must then be “sold” to the Ukrainian constituency and “Europeans” as “European” in scope, nature and spirit?

Law

This brings about the submission of Draft Bill No2046a by the Verkhovna Rada Committee for Rules – a Draft Bill that will soon be put before the Verkhovna Rada.

Draft Bill No2046a is a proposed law that will force all new laws (and presumably amendments) to be checked for “Europeanism”.  According to MP Semerak (Solidarity), “This will stop passing laws that are contrary to European standards, will dramatically improve the quality of Verkhovna Rada laws, and will promote the implementation of the Association Agreement.  After, the Parliament will not recycle old and sometimes very flawed legislation, and will immediately focus on the best European samples.

Thus is crafted a draft law that attempts to place into the Ukrainian statute book a legal requirement for all Ukrainian parliamentarians to consider common sense when revamping Ukrainian statute in a European tone – a legal obligation to look at what the “Europeans” already do legislatively with regard to any laws they want to pass in Ukraine.  A law to pass “good” law.

(Hopefully there will be those that will consider if any legislative change is first necessary, secondly asks whether it progresses justice, and also asks if it curtails existing rights – necessary questions to be asked for each legislative change – “European” in spirit, or otherwise.)

Some readers may ponder just how retarded some Ukrainian parliamentarians must be when it becomes necessary to legislate that when drafting “European” aligned legislation, studying existing “European” legislation would be a good idea.

Out of curiosity, a reader may perhaps consider that in crafting Draft Law No2046a, whether its author, MP Semerak, actually studied the similar legislation that was brought into statute in the Baltics – or not.

(Naturally even if there is eventually a “European looking” Ukrainian statute book, there remains the small matter of its just, equal and unbiased implementation to reach rule of law rather than rule by law.)

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