The National Codification Commission will also be responsible for preparation of regulations in addition to the pre-legislative texts. This development takes the form of a royal decree approved Friday by the Council of Ministers, which is intended to update the statutes of that advisory body to streamline its operations in preparation for pre-legislative tasks of the Ministry of Justice.
The regulation of the Law Commission has established in its Statutes (current to date are approved by Royal Decree 160/1997 of 7 February). The government said in a note, the new statutes will not cause an increase in allowances, salaries or expenses of Commission staff, in spite of which, “will increase its effectiveness” and recalls that “is present in many of the legislative initiatives undertaken in recent years. “Among the regulations which may be entrusted to the Commission, the executive puts examples of “Regulations of the Civil and Commercial Registers”.
In connection with these new powers, the Statute emphasize coding as a basic task for legal certainty and the importance of bringing rules citizens by clarity and regulatory simplification and improvement of legal language.
Internal organization and independence
The Commission is set up as a collegiate advisory body in the preparation of their own pre-legislative tasks of the Ministry of Justice, as well as those submitted to the Government for consideration. In terms of structure, the standard maintains the figure of the Minister of Justice and President of the Plenary, whose functions are defined. It also reinforces the independence of the Law Commission to suppress free separation of its permanent members.
Another important development is that the Statutes in order to bring closer the Commission to the different national legal sectors, promote the appointment of its permanent members from various legal professions and geographical origins. Its composition is also updated with regard to the ex officio members and the presence of the presidents of the Constitutional Court and the Supreme Court and the Attorney General, in response to the incompatibilities and the principle of separation of powers is deleted.
Note that the current Articles provide for the existence of five sections: the first, in civil law; the second, Commercial Law; the third, Public Law; the fourth, Criminal Law, and the fifth, Procedural Law.However, currently only two work permanently Sections of Civil and Commercial Law, without prejudice to the operation of the other for the study of specific issues that are proposed to them by the Administration.