Year: 2025
Type: article
Abstract: The article discusses legal acts determining legislative drafting technique in Poland and analyses doctrinal approaches to its understanding. The focus lies on different approaches to determining the nature of legislative technique, in particular the definitions of the Government Legislation Centre, and its importance for the formation of an appropriate legal system. The legal positions of the Constitutional Court of Poland on the role of legislative technique in the legal system of Poland and its importance for the development of a democratic rule of law are presented. It is revealed that the Constitutional Court of Poland considers the principles of the legislative drafting technique as a praxeological canon, which lawmakers cannot ignore. The acts that regulate the matters of the legislative technique in Poland are listed. A thorough analysis of the provisions of the Order of the Chairman of the Council of Ministers of 20 June 2002 in the case of “Principles of the Legislative Technique” is carried out. The main principles of the legislative technique are listed. The structure of the legislative act and the classification of types of regulatory provisions are described. The features of the legislative drafting technique in Poland are emphasized (episode provisions, introductory laws, the obligation to issue consolidated texts of legal acts), and a review of criticism regarding some instruments of the legislative technique is also carried out. Those features of the Polish legislative technique are identified, the reception of which in the Ukrainian legal system could be advisable. Conclusions are made about the prospects of further research into the Polish drafting technique with the aim of reception of some approaches. Keywords: legislative drafting, legislative drafting in EU, text of a legal act, lawmaking, legislation.
Author: Ihor Vozniak
Institution: Lviv University
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W4412068010
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