Supporting the Policy Enabling Environment for Development

Laws of Laws

Both Parliament and government are faced with a stream of legal and regulatory decisions of long-lasting effects. It is crucial that the transition from old to new legal system proceeds smoothly, to avoid creating legal gaps and uncertainties.

To this aim, it is crucial that any drafting of legislation is preceded by a clear identification and analysis of the problem to handle.

This handbook is not about discussing what could be the most appropriate public policy for a given sector, it is merely presenting policy makers and legal drafters some useful tools they can use to conduct an active process of “learning by doing” to carry out their obligations.

It contains a number of planning and writing checklists which have been included throughout the guide. By asking questions, these checklists are designed to support you in all stages of the planning, writing and redrafting throughout the legislation making process.

Developing rigorous laws and regulations is challenging, especially when a country is engaged, like Mozambique, in the broad transformation process aimed at improving transparency, strengthening a democratic Rule of Law and promoting a business-friendly legal environment, a prerequisite for attracting foreign and national investors.

In civil law countries (Romano-Germanic Law), as it is the case in Mozambique, the same officials often together formulate policies and draft legislation. This handbook is meant to assist them in carrying out these duties. It is also about helping policy makers to get more involved in the law-making process, from the definition of the objectives of any piece of legislation till their arrangement in legal normative instruments.

The quality of laws and regulations, as well as their general effectiveness of the new regulatory systems, is of immediate concern for both economic and democratic development. Regulations that generate onerous, or impractical red tape may worsen rather than improve public welfare by reducing public cooperation and increasing administrative costs.