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Of 8 June 1993 on the quality of drafting of




Community legislation

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community,

Having regard to the conclusions of the Presidency of the European Council meeting in Edinburgh on 11 and 12 December 1992 to the effect that practical steps should be taken to make Community legislation clearer and simpler,

Whereas guidelines should be adopted containing criteria against which the quality of drafting of Community legislation would have to be checked;

Whereas although such guidelines would be neither binding nor exhausive they would aim to make Community legislation as clear, simple, concise and.understandable as possible;

Whereas these guidelines are intended to serve as a reference for all bodies involved in the process of drawing up acts for the Council, not only in the Council itself but also in the Permanent Representatives Committee and particularly in the working parties;

Whereas t he Council Legal Service is asked to use these guidelines to: formulate drafting suggestions for the attention of the Council and its: subsidiary bodies,

 

HAS ADOPTED THIS RESOLUTION:

 

 

The general objective of making Community legislation more accessible should be pursued, not only by making systematic use of consolidation but also by implementing the following guidelines as criteria against which Council texts should be checked as they are drafted:

 

1. the wording of the act should be clear, simple, concise and unambiguous;
unnecessary abbreviations, Community jargon and excessively long sentences
should be avoided;

 

2. imprecise references to other texts should be avoided as should too
many cross references which make the text difficult to understand; 1

 

3. the various provisions of the acts should be consistent with each other;;the same term should be used throughout to express a given concept;

 

4. the rights and obligations of those to whom the act is to apply should be 'clearly defined;

 

5. the act should be laid out according to the standard structure (chapters,;sections, articles, paragraphs);

 

6. the preamble should justify the enacting provisions in simple terms;

 

7. provisions without legislative character should be avoided (wishes, political statements);

8. inconsistency with existing legislation should be avoided as should pointless repetition of existing provisions. Any amendment, extension or repeal of an act should be clearly set out.

 

XIV. Précis the following:

 

RECOMMENDATION

to the Ministries of Education Concerning the Interaction Between Education and Productive Work

 

PREAMBLE

The International Conference on Education, convened by the United Nations Educational, Scientific and Cultural Organization, meeting in Geneva, at its 38 the session, held from 10 to 19 November 1981,

Noting the importance attached to improving the interaction between education and productive work by the General Conference of Unesco on several occasions and, in particular, in its resolutions 100 adopted at the nineteenth session and 102 adopted at the twentieth session,

Having regard to the conventions, recommendations and declarations adopted at the international level, which are relevant to the interaction between education and productive work [...],

Considering that every individual has an inherent right to receive and to continue education,

ADOPTS on the nineteenth day of November, nineteen hundred and eighty one, and submits for consideration by ministries of education and other appropriate authorities and agencies in the various Member States, by other institutions within the United Nations system having responsibilities in this field, and by the non-governmental organizations concerned, the following Recommendation:

 

A. UNDERLYING PRINCIPLES

 

1. There should be effective and continuing interaction between education and productive work, in the sense of production of material and intellectual goods and services that are useful to the individual or to society [...].

2. Efforts to establish such interaction should, as appropriate, relate to all levels and all forms of education

 

[... ] . PROGRAMMES AND MEASURES

1. Programmes of interaction between education and productive work should be developed in the perspective of lifelong education [...].

2. Research and production of textbooks should be promoted to assist in the, development of links between education and productive work [... ].

 

XV. Reproduce the following text in English.

 

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XVI. Translate the following text into English and write it in the form of a resolution. Use the suggested words and expressions.

 

598 (unanimously) 20 1987 . (concern over) - , . (comprehensive), (settlement of the dispute) .

, , (to determine) . , (to cease fire), (hostilities) , (internationally recognized boundaries).

598

,
(implementation)
,
(to show restraint)
(to avoid) , ,
.

 

XVII. Write a draft resolution making use of the summary below.

 

By resolution E/1995/28, the Economic and Social Council considered the first review and appraisal of the implementation of the International Plan of Action on Aging.

It recalled that the General Assembly, in resolution 437/51, requested the Secretary-General to continue to use the Trust Fund for Aging to meet the rapidly increasing needs of the aging in the developing countries, in particular in the least developed ones and stressed the need for close and continuous working relationships between the Trust Fund and those bodies, organs and organizations of the United Nations system concerned with the question of aging.

The Council urged governments, intergovernmental and non-governmental organizations to continue to strengthen their efforts to implement (he principles and objectives of the International Plan of Action on Aging and requested the Secretary-General to continue his efforts to ensure a well-coordinated system-wide response for its implementation.

Finally, the Council requested the Secretary-General to report to the General Assembly at its forty-first session on the implementation of the present resolution, in particular on the measures and steps he has taken (o further develop the Trust Fund.

Vocabulary

 

 

1. Working paper: Working papers are just a list of ideas formed by the blocs. They may or may not be written in resolution format. The working paper needs to be approved by the chairs.

2. Draft Resolution: A document written in resolution format, approved by the chairs, and introduced to committee but not yet voted upon is called a draft resolution. Delegates will be spending most of their time writing and amending the draft resolutions. Once a draft resolution is passed by a committee, then it becomes a Resolution.

3. Sponsors: delegates who authored the draft resolution or actively contributed ideas. They support the draft resolution and want to see it get passed, so they should vote for it. All resolutions will require a minimum number of sponsors.

4. Signatories: delegates who wish the see the draft resolution debated but may or may not agree with all of the ideas. However, they think there is some merit to it and want to see it presented. Some resolutions will require a minimum number of signatories.

5. Pre-ambulatory clauses: statements in the first section of the draft resolution that describes the problems that the committee wants to solve as well as previous measures taken to combat the problem. Pre-ambulatory clauses are usually italicized or underlined by not numbered.

6. Operative clauses: statements in the second section of the draft resolution that outlines the specific solutions the sponsors wish to implement. Operative clauses are usually numbered and underlined.

7. Amendment: a change made to an operative clause of a draft resolution. Amendments can add, delete, or change an operative clause in a draft resolution. 8.A Friendly Amendment is an amendment written and approved by all the sponsors to a draft resolution and is automatically included into the text. 9.An Unfriendly Amendment is an amendment not approved by all the sponsors to their draft resolution and must be voted upon before it can be included into the text.

10. Merging: combining two or more draft resolutions to make a bigger or new draft resolution

11. Voting bloc: when delegates vote on the draft resolutions and amendments

 

 

UNIT FIVE

FINAL INSTRUMENTS

1. Final Instruments of Intergovernmental

Negotiations and Visits

Communiqués

(Joint) Statements

Declarations

Memoranda of Understanding

 

2. Final Instruments of International

Conferences

Final Acts

Declarations

 

 





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