Innovative Rule of Law Initiative: CILC toolkit

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The Innovative Rule of Law Initiative (IRI) aims to address the static nature of the Rule of Law sector by stimulating, facilitating and improving (creating products and services for lasting) innovation in this domain. CILC contributes to this process by developing several toolkits, starting with a toolkit on administrative law for which the first research phase has almost been concluded. The research has led to interesting preliminary conclusions on innovative approaches regarding both the legislation process and the project implementation. These conclusions can be recommended in administrative legal reform projects. Concerning the drafting of administrative legislation, the method underlying the  ‘Instalment law’ (in Dutch: aanbouwwet, the method applied during the adoption of the Dutch General Administrative Law Act)  sees to the adoption of the administrative code in several clear-cut phases, starting with general principles and procedures. The ‘Instalment law’ method allows all stakeholders to oversee the global lines and issues related to the process of administrative legal reforms. Moreover, such an approach makes the legislation flexible and adaptable to the changing political and institutional environment of a country. Furthermore, from an analysis of the implementation of the administrative law projects, it proves advantageous not to allocate all resources beforehand, but to reserve some of  them for ad hoc activities, especially when a project includes legal drafting and consultations. While organizing train-the-trainers seminars for members of the judiciary or civil servants the CILC staff were often confronted with the problem of which selection strategy to apply. Experience has shown that only very demanding and interactive training methods ensure the effective selection of motivated trainers.

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