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A Study on the German National Norms Control Committee's roles & performance

  • Public Land Law Review
  • Abbr : KPLLR
  • 2015, 68(), pp.521-542
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Jeong Kuk Won 1

1대구대학교

Accredited

ABSTRACT

This study intended to look into roles & performance of the German National Norms Control Committee, and present useful implications on preparing institutional gadgets for legislation evaluation having been lively discussed also in our nation since year 2000. Germany went through long discussion between the parliament and the administration regarding legislation evaluation, and founded the National Norms Control Committee as a legislation evaluation body, through which it executes systematic, effective legislation evaluation. Problems today lie with a flood of norms resulting from an quantitative surge in legislation. The quantitative surge in legislation has its positive aspect in that the surge may eventually lead to enhanced legislative quality, but a merely quantitative surge with no enhanced quality sucks up tremendous national energy put in legislation procedures and excessive regulation coming from a flood of legislation causes inconvenience to our daily life. To prevent these harmful consequences, Germany started to discuss legislation evaluation as a means of securing "better enactment" around the end of 1990, among whose major contents are first, prevention of flooding norms & excessive regulation, second, enhancement of efficiency via political adjustment & intervention, and third, preparation of institutional gadgets against the side-effects & expenses unintended by pertinent laws through policy-deciding procedures. Through these discussions, the nation's Federal Parliament passed「The Act on Installation of National Norms Control Committee」 intended to dismantle bureaucracy & secure better legislation' in 08. 2006, thus specifying legislation evaluation by the Committee as an institution. The Committee has reaped huge outcomes in terms of calculating administrative execution costs, measuring the current balance, cooperating with the federal government for administrative simplification, internationally collaborating for nullification of restrictions and etc. Further, it got to have not only the function of evaluating legislation but also the function of controling the parliament's legislation by enlarging the scope of its authority to reinforced measurement of administrative execution costs, bestowment/ evaluation of valid period, review over feasibility of methodologies, prior review of the federal parliament's legislation and etc. In our case, we don't have prior control methods like Germany's National Norms Control Committee, but only have specific norms control via post-event constitutional trials. Though laws made by the congress are evaluated, the evaluation takes place after laws are enacted. Though an optimal alternative is drawn out via legislation evaluation, it has low effectiveness since it will remain as a mere discussion unless it gets revised by the congress again. Accordingly, our case also necessitates building up a system for national norms control that will guarantee the effectiveness & practicality of legislation evaluation. In this regard, the roles & outcomes of German National Norms Control Committee mainly carrying out review over administrative costs of all legislations & nullification of restraints bear much implication to us.

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