Christophe Schiltz, president of the Council of State, took the opportunity to highlight the volume of the Council’s work at a recent New Year’s reception. Over the past five years, he said the Council had ruled on 2,224 legislative proposals - more than ever before - and in a slight dig at detractors, added that the Council’s processes would be faster if the submissions were better.
Over the last legislative year, the Council of State lodged 749 formal objections to submitted texts, twice as many as the previous year. As the number of submissions increases, so too does the number of formal objections, but according to Schiltz, this is not the only explanation for the record number:
“In our eyes, it also depends on the quality of the texts submitted to us, usually with issues such as imprecise wording, or a lack of preparation for the whole file. This means it takes longer to analyse the files. There is certainly a need for action, and I know this is a subject close to the heart of the Chamber and the government - and rightly so.”
Recently, the Council has sought more contact with the authors of the submitted texts, which has helped to reduce delays. The Council says it does not want to lose time unnecessarily, but that it was necessary to take time with concerns such as quality.
“It’s important to us to ensure the quality of legal texts and regulations, rather than acting quickly and having rushed legislation. The Council has to take care with the details for this work, with all seriousness, as it makes the job easier for jurisdictions, as they are the ones who will later have to cope with the texts. That is where the buck falls if the legislative texts are voted through without being drawn up with the necessary care.”
Schiltz said it was essential that the Council of State and other authorities respect the legal norms based on the Constitution and interpreted by the courts. This was the only way to contribute to the protection of individual rights, especially those for the most vulnerable.
“We can only guarantee the cohesion of our society if we uphold our values and legal principles,” he commented. “It is only through the mutual respect of institutions, and the shared respect of often entitled voices from civil society, that we can strengthen our democracy and society.”
