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Plain Legal Language: Sweden's Approach to Clearly Written Laws

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Plain Legal Language: Sweden's Approach to Clearly Written Laws Plain Legal Language: Sweden’s approach to clearly written laws Presentation at the Regional Capacity- Building Seminar for Regulatory Quality, Tunis, 27 November 2006 Ministry of Justice Sweden Success factors • High level support • Integrated part of law-making process • Close co-operation lawyer–linguist • Set of general and specific guidelines • Specialized university programme • Patience and persistence … Ministry of Justice Sweden Ministry of Justice Sweden Prime Minister’s Office The Government Officesformasingle authority Ministry of Justice Ministry for Foreign Affairs Ministry of Defence The Government Ministry of Health and Social Affairs Ministry of Finance Ministry of Education Research and Culture Ministry of Agriculture, Food and Fisheries Ministry of Sustainable Development Ministry of Industry, Employ- ment and Communications Office for Administrative Affairs Division of responsibility within the Government Office Prime Minister’s Office The Prime Minister’s secretariat directs and coordinates the work of the Government Offices and Sweden’s EU policy. The Ministries Each ministry has its own area of responsibility. The ministries draft government business and prepare issues for Government decisions. Office for Administrative Affairs Within the Government Offices, the Office for Administrative Affairs is responsible for the development of managerial methods and administrative routines, finances, administration, employer issues, information technology, training, libraries, archives, service to committees and other internal services, as well as internal and external information. Ministry of Justice Sweden The Organisation of the Ministries Political Minister Press Secretary Advisers State Secretary Director-General for Administrative and Administrative Legal Affairs Department/Division Legal Secretariat Operational Operational Operational Operational Operational Department/ Department/ Department/ Department/ Department/ Division Division Division Division Division Ministry of Justice Sweden Ministry of Justice Minister for Minister for Migration Minister for Justice Integration and and Asylum Policy Beatrice Ask Gender Equality Tobias Billström Nyamko Sabuni State Secretary State Secretary State Secretary Political Advisers Political Advisers Political Advisers Press Secretary Press Secretary Press Secretary Administrative Director- Director-General Director- Director-General Director General for General for Legal Affairs for Legal Administrative Affairs for Legal Affairs Affairs Division for Manage- Division for Division for Division Pardon ment Support and Procedural Law Immigrant Integration for s Administration and Court Issues and Diversity Penal Law Divisio n Division for Human Division for Office for Police Issues Legal Resources Intellectual Metropolita Division including Public Property and Secretariat Orderand Safety n Transport Law Affairs Director-General for International Affairs Division for Division for Division for Prosecutional Issues Criminal Cases Democratic and International Issues, Division Judicial Human Rights, for Division for Family Cooperation National EU Affairs Law and the Law of Minorities, Contracts, Torts and Non- Personal Propoerty Division for Governmental Crime Policy Organisations Division for Legal and Sport and Linguistic Draft Revision Division for Division for Real Estate Constitutional and Company Law Law Ministry of Justice Sweden The Process that precedes a new Act The Government The committee The Government appoints a presents its circulates the report proposals in a for committee/ report commission comment of inquiry The Government drafts a proposal for change – Initiative for change a Government bill The Government bill is submitted to the Riksdag (Swedish parliament) for consideration The Government promulgates After the parliamentary a law, which is then committees have published in the discussed the matter, Swedish Code of Statutes (SFS) a vote is taken in the Riksdag Ministry of Justice Sweden How Swedish laws are made • Legislative proposals normally initiated by Government • Matters first analysed by officials at ministries or commissions of inquiry • Inquiry report referred to relevant bodies for consideration • Ministry responsible drafts Bill to be submitted to Parliament • If Bill has important implications for citizens, it is first referred to the Council on Legislation • Parliament adopts if majority approves • Law promulgated by Government and published in the Swedish Code of Statutes Ministry of Justice Sweden Success factors • High level support • Integrated part of law-making process • Close co-operation lawyer–linguist • Set of general and specific guidelines • Specialized university programme • Patience and persistence … Ministry of Justice Sweden High level support • Strong support from Government and Minister of Justice, regardless of political colour • Strong support from Directors-General for Legal Affairs • Ordinance concerning the Duties of the Government Offices: “The Director-General should see to it that the language in Acts and other decisions is as clear and simple as possible” Ministry of Justice Sweden Part of law-making process • Government drafts new legislation: acts, ordinances, bills, committee terms of reference • All drafts revised by the Division for Legal and Linguistic Draft Revision • Five lawyers, five linguists working in pairs • No new legislation can be sent to the printers without the Division’s approval Ministry of Justice Sweden Linguistic revision • Always in parallel with legal revision • Text should normally be sent for revision at least five working days before Government takes decision • Amendments in writing sent to author of text • Often fruitful discussion between author and reviser • Author not allowed to ignore proposed amendments Ministry of Justice Sweden Approval required by: • Prime Minister’s Office • Budget Division, Ministry of Finance • The Division for Legal and Linguistic Draft Revision, Ministry of Justice Ministry of Justice Sweden Close co-operation lawyer– linguist • Five highly skilled lawyers • Five linguists with strong university background • Work in parallel with each text to be revised • Discuss and agree on revisions before submitting them Ministry of Justice Sweden Handbooks and guidelines • The Green Book: guidelines for legal drafting • The Black List: words and phrases to avoid • Writing Guidelines for the Authorities • Directions for the Authorities on legal drafting • Control by regulation. Checklist for legal drafters Ministry of Justice Sweden Other methods used • Offer seminars and training sessions • Help law commissions to reform legislation • Give advice on a daily basis • Maintain special web site • Offer self evaluation test Ministry of Justice Sweden A modern Swedish Act … • is divided into chapters • has informative sub-headings giving a clear picture of the structure and contents of the act • uses no more than three paragraphs for each article Ministry of Justice Sweden Follow plain language principles • Avoid complicated sentence structure • Avoid legalese and archaic words • Be generous with informative sub-headings • Explain difficult technical terms if needed Ministry of Justice Sweden Language Consultancy Programme • Three year programme at Stockholm University • Started in 1978, the only one of its kind • About 20 students every third year • About 200 graduated language consultants • Includes grammar, rhetoric, text analysis, socio-linguistics, psycho-linguistics, composition writing and practical work Ministry of Justice Sweden.
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