“The Legal and Organizational Framework of the Legislative Process Management”
The research was prepared according to the following stages:
1. Research Methodology
The research was prepared by focusing on two aspects: The theoretical and practical aspects.
Concerning the theoretical aspect we focused on analyzing some of the Palestinian laws such as the Palestinian Basic Law, in an attempt to render the research more realistic.
Moreover, practical interviews were conducted so that the study acquires readers’ credibility with the relevant bodies and major personalities, such as Palestinian Legislative Council (PLC) officials, Diwan Al-Fatwa Wa-Tashri’(Bureau of Drafting and Legislation), and some civil society institutions and former ministers, in order to discuss the main obstacles and difficulties that face the Legislative Process in the PA in general, in an attempt to reach to adequate solutions.
The practical aspect included studying and analyzing the governmental programmes of the former Palestinian Governments. Unfortunately it was difficult to obtain the whole programmes due to many reasons such as the strike and the lack of these programmes especially the governments from (1-4).
Finally, it is worth mentioning that we used the comparative study method in a number of related Arab and Foreign Legislation. The study included the German, French, Canadian as well as the Jordanian and Egyptian experience.
The research was prepared according to the following stages:
1. Research Methodology
The research was prepared by focusing on two aspects: The theoretical and practical aspects.
Concerning the theoretical aspect we focused on analyzing some of the Palestinian laws such as the Palestinian Basic Law, in an attempt to render the research more realistic.
Moreover, practical interviews were conducted so that the study acquires readers’ credibility with the relevant bodies and major personalities, such as Palestinian Legislative Council (PLC) officials, Diwan Al-Fatwa Wa-Tashri’(Bureau of Drafting and Legislation), and some civil society institutions and former ministers, in order to discuss the main obstacles and difficulties that face the Legislative Process in the PA in general, in an attempt to reach to adequate solutions.
The practical aspect included studying and analyzing the governmental programmes of the former Palestinian Governments. Unfortunately it was difficult to obtain the whole programmes due to many reasons such as the strike and the lack of these programmes especially the governments from (1-4).
Finally, it is worth mentioning that we used the comparative study method in a number of related Arab and Foreign Legislation. The study included the German, French, Canadian as well as the Jordanian and Egyptian experience.
The main basic problems we faced while carrying out this study were as follows:
The lack of related references and writings, especially in Arabic language. This obliged us to turn to, and translate, several foreign references which cost time and tremendous effort.
The current situation in the Palestinian Authority especially the strike of the Palestinian Authority institutions including the ministries. This situation prevented us from conducting interviews with the concerned groups.
Research Team
The lack of related references and writings, especially in Arabic language. This obliged us to turn to, and translate, several foreign references which cost time and tremendous effort.
The current situation in the Palestinian Authority especially the strike of the Palestinian Authority institutions including the ministries. This situation prevented us from conducting interviews with the concerned groups.
Research Team
This study was carried out by a number of main and assistant researchers at the Insitutute of Law, Birzeit University according to the following plan:
1. Assem Khalil, supervisor,
2. Fayez Bkerat, researcher and coordinator,
3. Jamil Salem, researcher,
4. Mahmoud Dodeen, researcher,
5. Mahmoud Fayyad, researcher,
6. Zeina Jallad, research assistant,
7. Reem Al-Botmeh,
8. Mahmoud Alawneh, research assistant.
4. Outline of Research Contents
1. Work division:
The study was divided into four main parts, the roles of which were divided among researchers as follows:
· Introduction “The Legislative Plan and the Legislative Priorities”
· First Chapter “The Legislative Plans in PA Areas”
· Second Chapter “Government Management of Legislative Process in its initial Phases: Foreign and Arab Expertise”
· Third Chapter “Conclusion and Proposed Scenarios”
2. Brief Research Outline:
The research was divided as follows:
2.1. Introduction:
It included a description of the importance of the study and of prospective objectives. This chapter tackled the importance of the legislative priorities and their relation with the legislative plan. In addition to the aims of the legislative priorities and the basics of the legislative plan, it also included the role of the President and the Legislative Council in managing the Legislative process in Palestine.
2.2. CHAPTER I: LEGISLATIVE PLANS IN PA AREAS
This chapter is divided into two sections:
Section 1: “Legislative Plan under the Impact of the Palestinian Legal System.”
This section provides an analysis of relevant Palestinian legal texts on different levels, focusing on Basic Law texts, on texts according to Palestinian laws and secondary legislations. The research is summarized by the fact that the Legal Organization of the Government management of legislative process (Government Legislative Plan) is missing, vague, unclear. This has urged us to recommend certain legislative modifications to Palestinian lawmakers, in accordance with the Legislative proceeding plan of the Palestinian Government.
Section 2: “Evaluation of the Legislative Action of Palestinian Governments according to Government Plans”.
Researchers dealt with the successive Palestinian Government plans since the establishment of the PA, divided into three phases:
- Phase 1: pre election period of the PLC (1994-1996)
- Phase 2: since PLC election until the ratification of the modified Basic Law (1996-2003)
- Phase 3: post modification period of the Basic Law for (2003-2006)
The research reflects on the extent of adherence of Palestinian government to Ministerial plans, in terms of implementing proposals presented to PLC. Most of the governmental plans were not sufficiently implemented, due to the absence of a legal body which defines mechanisms for implementing such plans, in addition to political, economic factors which hinder the implementation of Government plans.
2.3. Chapter II: Government Management of Legislative Process in its initial Phases: Foreign and Arab Expertise
This chapter is divided into six sections:
- Section 1: “General presentation of the Government role in Legislative Process Management.” It tackles certain general interpretations regarding the Government Management of the legislative process as well as the legislative policy
- Section 2: “Effect of the ruling System on Legislative Process: French Republic”. It tackles the organizational framework of the legislative process in France in its initial phases, and the role of the Government in the legislative process
- Section: 3: “Management and Organization of the Legislative Process: Canada”. It tackles Government legislative role in Canada, and the way legislative plans are elaborated by the Government
- Section 4: “Role of the Federal Government in Organization/Management of Legislative Plans: Federal Republic of Germany”. This section includes an overview of the law-making process in Germany, organizational framework, governing sources of the legislative plans, groups concerned by legislative plans, and duties of Ministers.
- Section 5: “Legal and Organizational Framework of Legislative Plans Management: Hashemite Kingdom of Jordan”. It tackles the Ministerial communiqué in the Jordanian system, Government Mechanism of elaborating draft laws, and bodies concerned with the definition of legislative plans
- Section 6: Legal and Organization Framework of Programmes and Legislative Plans management: Arab Republic of Egypt”. It tackles ministerial plans in the Egyptian system, the practical framework in the Egyptian experience, the mechanism of converting the legislative programme into a legislative plan.
2.4. CHAPTER III: Proposed Scenarios
The study elaborated on different scenarios and the lessons that can be learned from other countries. These scenarios were divided as follows:
- Role of Diwan Al-Fatwa Wa-Tashri’(The Bureau of Drafting and Legislation) in the Legislative Process Management
- Role of Ministry of Planning in managing the legislative process
- Elaborating potential scenarios to future mechanisms of government action in implementing legislative plans
- Establishment of a central body to be tasked with coordinating the process of setting the legislative programmes and plans.
3. Research Publication
The research was published after revision of the study by an external editor.
1. Assem Khalil, supervisor,
2. Fayez Bkerat, researcher and coordinator,
3. Jamil Salem, researcher,
4. Mahmoud Dodeen, researcher,
5. Mahmoud Fayyad, researcher,
6. Zeina Jallad, research assistant,
7. Reem Al-Botmeh,
8. Mahmoud Alawneh, research assistant.
4. Outline of Research Contents
1. Work division:
The study was divided into four main parts, the roles of which were divided among researchers as follows:
· Introduction “The Legislative Plan and the Legislative Priorities”
· First Chapter “The Legislative Plans in PA Areas”
· Second Chapter “Government Management of Legislative Process in its initial Phases: Foreign and Arab Expertise”
· Third Chapter “Conclusion and Proposed Scenarios”
2. Brief Research Outline:
The research was divided as follows:
2.1. Introduction:
It included a description of the importance of the study and of prospective objectives. This chapter tackled the importance of the legislative priorities and their relation with the legislative plan. In addition to the aims of the legislative priorities and the basics of the legislative plan, it also included the role of the President and the Legislative Council in managing the Legislative process in Palestine.
2.2. CHAPTER I: LEGISLATIVE PLANS IN PA AREAS
This chapter is divided into two sections:
Section 1: “Legislative Plan under the Impact of the Palestinian Legal System.”
This section provides an analysis of relevant Palestinian legal texts on different levels, focusing on Basic Law texts, on texts according to Palestinian laws and secondary legislations. The research is summarized by the fact that the Legal Organization of the Government management of legislative process (Government Legislative Plan) is missing, vague, unclear. This has urged us to recommend certain legislative modifications to Palestinian lawmakers, in accordance with the Legislative proceeding plan of the Palestinian Government.
Section 2: “Evaluation of the Legislative Action of Palestinian Governments according to Government Plans”.
Researchers dealt with the successive Palestinian Government plans since the establishment of the PA, divided into three phases:
- Phase 1: pre election period of the PLC (1994-1996)
- Phase 2: since PLC election until the ratification of the modified Basic Law (1996-2003)
- Phase 3: post modification period of the Basic Law for (2003-2006)
The research reflects on the extent of adherence of Palestinian government to Ministerial plans, in terms of implementing proposals presented to PLC. Most of the governmental plans were not sufficiently implemented, due to the absence of a legal body which defines mechanisms for implementing such plans, in addition to political, economic factors which hinder the implementation of Government plans.
2.3. Chapter II: Government Management of Legislative Process in its initial Phases: Foreign and Arab Expertise
This chapter is divided into six sections:
- Section 1: “General presentation of the Government role in Legislative Process Management.” It tackles certain general interpretations regarding the Government Management of the legislative process as well as the legislative policy
- Section 2: “Effect of the ruling System on Legislative Process: French Republic”. It tackles the organizational framework of the legislative process in France in its initial phases, and the role of the Government in the legislative process
- Section: 3: “Management and Organization of the Legislative Process: Canada”. It tackles Government legislative role in Canada, and the way legislative plans are elaborated by the Government
- Section 4: “Role of the Federal Government in Organization/Management of Legislative Plans: Federal Republic of Germany”. This section includes an overview of the law-making process in Germany, organizational framework, governing sources of the legislative plans, groups concerned by legislative plans, and duties of Ministers.
- Section 5: “Legal and Organizational Framework of Legislative Plans Management: Hashemite Kingdom of Jordan”. It tackles the Ministerial communiqué in the Jordanian system, Government Mechanism of elaborating draft laws, and bodies concerned with the definition of legislative plans
- Section 6: Legal and Organization Framework of Programmes and Legislative Plans management: Arab Republic of Egypt”. It tackles ministerial plans in the Egyptian system, the practical framework in the Egyptian experience, the mechanism of converting the legislative programme into a legislative plan.
2.4. CHAPTER III: Proposed Scenarios
The study elaborated on different scenarios and the lessons that can be learned from other countries. These scenarios were divided as follows:
- Role of Diwan Al-Fatwa Wa-Tashri’(The Bureau of Drafting and Legislation) in the Legislative Process Management
- Role of Ministry of Planning in managing the legislative process
- Elaborating potential scenarios to future mechanisms of government action in implementing legislative plans
- Establishment of a central body to be tasked with coordinating the process of setting the legislative programmes and plans.
3. Research Publication
The research was published after revision of the study by an external editor.
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