Electronic Support of the Legislative Process: From Knowledge ...

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6 Νοε 2013 (πριν από 3 χρόνια και 10 μήνες)

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Process Modelling and
Knowledge Management

in the Legislative Process

Günther Schefbeck

ECPRD Seminar „Digitisation of
Parliamentary Information and Archives“
Part 1

Brussels, 30 May 2002

A legal enactment ... traditional style

Legislative Processes


Complex and multi
-
layered


Highly formalized legal procedure


(going back to 19th century)


vs.


Informal political decision
-
making process
(semi
-
structured or negotiation process)


Interaction of political and legal layers

The value of legislative processes


“A business process is a collection of
activities that takes one or more kinds of
inputs and creates an output that is of value
to the customer” (Hammer & Champy)


What is the value of a law?

The value of laws


Individual law: quality of content


Rule of law: quality of justice


(Aristotle: “Under the rule of law the
chances for justice are better than under the
rule of men”)


Law produced in a democratic process:
quality of legitimation


(Luhmann: “legitimization by procedure”)

Rule of law in a democratic
system


Knowledge of laws as a prerequisite for
acceptance of laws and law enforcement


Transparency of the legislative process as a
prerequisite for the acceptance of this
process and its output


Crucial function of publicity of laws and
legislative processes

Transparency and democracy

Means of parliamentary transparency


public access to (plenary!) meetings


media coverage


print documentation

are as young as democracy (or even younger:
early 19th century) and

have been given a new quality through the
NICT in the 1990s

The IT impact


1970s: law documentation (mainframes)


1980s: documentation of legislative processes
(mainframes … PCs)


1990s: electronic availability of data
(metadata, full texts of documents, audio/video
streaming) to the general public (PCs …
Internet)


Today: “electronification” of legislative
processes


Tomorrow: ?

Legislative processes and E
-
business/government functions


Information


Communication


Transaction


Communication and transaction functions
have been made large
-
scale available
through the Internet and Intranet
applications

Five steps of electronic support
of legislative processes


Knowledge management


Workflow management


Improving the procedural quality


Improving the output quality


Improving the participatory quality

Process modelling


Knowledge management: descriptive
modelling (reduction of complexity)


Workflow management:
descriptive/prescriptive modelling (complex
legal and administrative procedure)


Future development: prescriptive
modelling/process re
-
engineering (changing
the legislative process, e.g. by introducing new
instruments/steps)?

Present situation


functional variety



Plain information systems


Mixed systems combining information with
aspects of communication/transaction


Fully electronic workflow systems

Present situation


organizational variety



Isolated systems of single parliamentary
chambers


Overall systems of (bicameral) Parliaments


Integrated systems of all organs involved in
the legislative process

Example: Switzerland (1)


Workflow system
introduced in 1998


Electronic production
of all legislative
documents


System and format
breach: Parliament


Authenticity: paper
document

Example: Switzerland (2)


Functional view:
electronic workflow
system with derived
information function,
parliamentary information
and production systems


Organizational view:
government system,
Parliament involved as a
“black box”

Example: Austria (1)


Workflow system operational since 1
January 2002


Electronic production and transfer of all
legislative documents


System (but not format) breach: Parliament


Authenticity: paper document/at least as to
publication from 1 January 2003 on
electronic document

Example: Austria (2)


Functional view: electronic workflow
system, governmental section using the
existing Legal Information System as
archival system, parliamentary section
based on the existing Parliamentary
Documentation System


Organizational view: separated government
and Parliament systems with interfaces

Way of federal legislation


(simplified organizational view)

Federal

Minister

Federal

Government

Parliament

Federal

President

Federal

Chancellor

Example: Austria (3
-
5)

Process steps

Government bill

Legal enactment

Authentication

Publication

LIS

Federal

Minister

Federal

Government

Parliament

Federal

President

Federal

Chancellor

Consultation

Proposal to the

Council of Ministers

Electronic workflow system

Federal

Minister

Federal

Government

Parliament

Federal

President

Federal

chancellor

LIS



Improving the procedural quality


Process modelling makes aware of
capability of improvement


Necessary amendment of rules of procedure
(shift of paradigm towards autheticity of
electronic documents) gives opportunity to
improve procedures

Improving the output quality


Legimatic systems for improving the formal
quality of laws (checking the
implementation of or implementing
guidelines for legislation)


Impact assessment and simulation systems
for improving the material quality of
legislation

Improving the participatory quality


Already emerging standard solution:
introducing new communication tools into
the representative system


Dichotomy indirect vs. direct democracy?


Visionary concepts for intermediate
democracy models … the discussion is
opened