Basics of Legislative Drafting 1400-PdstTP-OP1

The course is designed to introduce the Principles of Legislative Technique (ZTP) and the standards of sound legislation, and to show how they are applied in regulatory practice concerning nature conservation. It begins with the constitutional sources of law, the relationships between domestic, EU and international law, the hierarchy of acts, promulgation, and vacatio legis. The course then walks through the governmental legislative process: initiating a draft, interministerial arrangements, public consultations, the role of the Government Legislation Centre (RCL) and the Committee of the Council of Ministers, as well as the basics of Regulatory Impact Assessment (OSR/RIA) from the perspective of environmental effects. The core component is the ZTP: the structure of an act; drafting substantive provisions, legal definitions, and cross-references; and transitional and final provisions. Particular attention is devoted to acts of local law in nature conservation (the legislative competences of communes, counties, and voivodeships) and to linking nature-conservation instruments with appropriate normative solutions.

The classes follow a seminar–workshop format: theoretical introductions alternate with analysis of practical examples and work in small groups. During the course, participants also prepare a draft of a simple normative act in the field of nature conservation together with a brief explanatory memorandum. The course develops skills in clear and precise drafting, choosing appropriate regulatory forms, and cooperating with various stakeholders (public administration, park authorities, NGOs, local communities).

Topics include:

1. Introduction to the system of sources of law; hierarchy of acts; promulgation and vacatio legis;

2. The legislative process and RIA—stages of governmental and parliamentary work; public consultations and regulatory impact assessment;

3. ZTP I: structure of an act and definitions—title, legal basis/delegation, general provisions, legal definitions; drafting workshop;

4. ZTP II: language and final provisions—cross-references; transitional/repeal provisions; entry into force;

5. Acts of local law in nature conservation—competences of local government units; common mistakes and good practices;

6. Draft project—preparing a draft normative act in the field of nature conservation with a brief justification.