This is a presentation for the RES workshop on 7 May 2019 in Athens, Greece. It includes comments on the state of play in legislative drafting and assesses the possibility of utilizing lawsourcing to advance the interests of the RES community. Finally, the relatively new concept of Post Legislative Scrutiny (PLS) is presented. Both tools are discussed in the light of new developments in the energy sector.
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Lawsourcing and PLS in the area of renewable energy
1. Lawsourcing and
PLS in the area
of Renewable
energy
Dr. Fotis Fitsilis
Scientific Service
Hellenic Parliament
7 May 2019
2. Structure of presentation
1. Motivation
2. Lawsourcing: what is it?
3. Post Legislative Scrutiny (PLS): a new
parliamentary function?
4. Application in the area of renewable energy
2Structure
3. 1. Motivation
State of play in standard legislative approaches
Legislative follow up in the form of
parliamentary control
The rise of PLS
Necessity for new tools and methods
3Motivation
4. 2. Lawsourcing
Legal crowdsourcing (“lawsourcing”)
“Crowdsourcing” term coined in 2005 by How &
Robinson (Wired mag.)
Prominent examples: Wikipedia & Kickstarter
Prerequisites:
Open call format
Large network of laborers
A viable means of “production”
4Lawsourcing
5. Application in the area of law
Crowdsourced funding of lawsuit (see Dorian
Nakamoto v. Newsweek)
Crowdsourced constitution (see Icelandic
constitutional process)
Crowdsourced legislation (see relevant effort from
California Assemblyman Mike Gatto on probate
legislation)
method to achieve (legal) goals & reforms
5Lawsourcing
6. 3. Post Legislative Scrutiny
Evaluating laws or administrative acts is a standard
parliamentary function
Parliamentary control / oversight
Level of capacity in parliaments may vary
Written and oral questions
In need of a new parliamentary function?
6PLS
7. A recent development
Strengthens the
parliamentary oversight on
the implementation of
legislation
May increase parliaments’
leverage against the
executive
Broad concept along two
main lines:
1. the legal dimension
assessing the enactment of
the law and
2. the impact dimension
assessing to what extent
the policy objectives of the
law have been met
What is PLS?
‘The act of evaluating laws that
a parliament has passed’
(De Vrieze & Hasson 2017)
7PLS
8. 4. Application in the area of RES
Copying from the workshop’s topics for
discussion
Session II: Regional Consultations & Policy
Issues
“Enabling legal and regulatory conditions for the
uptake of models for renewable energy
aggregation”
“RES policy for Med Area & Islands”
8Application
9. Forms of application
Lawsourcsing
Access the knowledge
of the entire expert
base
Work beyond official
public consultation
platforms and
channels
Use the leverage of
the RES community
PLS
Exercise pressure to
policy and law makers
Help establish new ways
of parliamentary scrutiny
Aim at participatory
approaches
9Application
10. The end
(or just a new beginning?)
For more information contact me:
fitsilisf@parliament.gr (institutional)
fotis@fitsilis.gr (personal)
https://fitsilis.gr (personal web)
https://hellenicOCRteam.gr (crowdsourcing
platform)
10The end