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LEGAL DRAFTING

 

Regulations that are correct with regard to the rules of legal drafting and based on the use of unified legal drafting rules are an important constituent element of legal certainty in a state governed by the rule of law. Legal certainty is based on clear, unambiguous, understandable regulations that are perfectly legally drafted, and which in advance define the position, rights and obligations of individual subjects and bodies implementing the regulations. Another basic element of legal certainty is the legal and consistent implementation of regulations, which is again greatly dependent on the quality of the regulations.

 

Another dimension of the importance of legal drafting is the use of the legal terminology established in Slovenia as well as the already established form and internal structure of regulations and so on. Development in this area was influenced by historical factors and it has been established gradually since the time when Slovenian first started being used as an official language, at first alongside others and then, with Slovenia’s independence, as an independent official language. The consequence of this development is that nowadays Slovenian legal terminology and legal drafting are completely equal to that established by much larger nations with a much longer independent legal tradition. Thus, this is also a matter of national emancipation and the establishment of Slovenian specialist language in the legal field.