06 April 2015

Better regulation

BESTJURIS

The best law gives the best justice. As Montesquieu wrote: Law is not right because it is law, law must be law because it is right.

 

Transposition

According to the principle of legality, a hierarchy exists between the various sources of law. Each legal norm must comply with superior rules. Treaties and directives are above the legal acts taken by the national parliaments and by the administrations.

Ignorance of this principle is a source of disorder. The troubles caused by the fault of the author of an infringing national act should be repaired by the national or international courts.

National authorities should carefully ensure that the national regulations are in harmony with the international regulations at the date on which these provisions are enforced. Each party to a treaty, must implement quality processes accessing to the necessary level of conformity.

Justice

The hierarchy of legal norms makes the work of judges much more complex, but also much more exciting.

Judges must interpret and control the compatibility of the national text they apply. They must not consider an existing text with is incompatible with a directive ruling the matter.

More than 80% of the new economic national rules are connected to international regulations.

Judges face multiple difficulties due to the complexity of the multiple layers that are interconnected. Comparative law and comparative case facilitate the sharing of best practice.

If a provision is interpreted one way in a State, it should normally be interpreted the same way in another States. Such convergence will not only reinforce the fluidity and unity of the World but also tend to the production of better regulations improving the practice of each national law.

Comparative tables of Correlation are produced to facilitate access to Bestjuris. These tables do not interest the judges only, but also the public servants, the managers and the lawyers who want an access to best practice. Today, lawyers already take into account the different way laws are applied in each country to choose the most appropriate court to which they will submit their case.