Codifying and consolidating acts


23-Aug-2016 09:42

By a Communication dated 21 November 2001 the Commission launched a project to codify the “acquis communautaire” in order to improve the accessibility of Community legislation.

The project covered about 500 acts which had been amended one or more times and was managed by the Legal Service.

The codification work now continues according to the existing needs on the basis of a yearly planning, included in the Commission's work programme.

The courts generally presume that a codifying statute supersedes prior caselaw.

Codification is the process of bringing together a legislative act and all its amendments in a single new act.

The new act passes through the full legislative process and replaces the acts being codified.

There are two types of codification: Codification takes as its starting point the consolidated texts produced by the Publications Office.

A codifying statute is one which restates legal subject matter previously contained in earlier statutes, the common law, and custom.

codifying and consolidating acts-77

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That new act must pass through all the stages of the legislative process, although an accelerated procedure has been agreed by the European Parliament, the Council and the Commission.The advantages of codification are that An example of a codified act based on a previously consolidated text is Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste.



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