Foundation experts delivered a technical workshop on Legislative Drafting with drafters of the Law Department in Libya in cooperation with the Ministry of Justice, the Supreme Judicial Council and EUBAM Libya
Under a new project funded by the European Union External Action Service, the Max Planck Foundation for International Peace and the Rule of Law is implementing a series of technical workshops for legislative drafters in Libya, in cooperation with the European Union Integrated Border Management Assistance Mission in Libya (EUBAM Libya).
The workshops will be designed to train legislative drafters of the Law Department in Libya (Idārat al-Qānūn), in cooperation with the Libyan Ministry of Justice and the Supreme Judicial Council. The trainings will focus on providing participants with technical skills and best practices in legislative drafting, techniques and practical drafting skills.
The first workshop was delivered via videoconference over four days in Tripoli in , with generous logistical and substantive support from EUBAM Libya. It was formally inaugurated by Yves Flocon (Head of Operations, EUBAM Libya), Luana Scarcella (Head of Criminal Justice Unit, EUBAM Libya), Sean McHale (Rule of Law Advisor, EUBAM Libya) and the Head of Project at Max Planck Foundation.
During each of the four days, the focus was on a substantive aspect of legislative drafting skills. The first day focused on legislative drafting processes from a comparative perspective in north African jurisdictions and stages of the drafting process, with a practical exercise on analysing drafting instructions and developing policy positions. Day two focused on tackling legislative problems and included specific presentations on the functions and goals of legislative drafting and the role of policy in the law-making process, with a practical exercise on drafting simple provisions to give effect to a policy position. The next day was dedicated to the methodology for designing a legislative proposal and focused on legislative design thinking and elements of analysis, with a practical exercise on problem-solving. The final day focused on achieving legal effect, with presentations on creating legal relationships, and enforcement and compliance mechanisms that can be built-in when drafting laws. The final exercise concentrated on drafting provisions to create legal relationships. Technical materials and presentations were prepared, delivered and facilitated by Foundation Research Fellows Praveen Chacko Ninan and Aymen al-Briki.
The workshop was formally brought to a close by Anders Andersson (Deputy Head of Mission, EUBAM Libya) and Kathrin Maria Scherr (one of the Foundation’s Managing Directors) who thanked the participants for their active engagement and the continued cooperation of the Ministry of Justice and the Supreme Judicial Council. The workshop is the first in a series of workshops under the new Foundation project “Enhancing Legislative Drafting Skills (Libya)” generously supported by the European Union External Action Service.