Piedad García-Escuero in his recent book legislative Technical certainty launches an interesting proposal that can only be accommodated in a very advanced legal system: the expulsion of law of those rules that have been "built" defective and that, ultimately, lead to ambiguities and inaccuracies by brew feared that arbitrariness.
is not unusual in a constitutional complaint has alleged the challenged law against a flawed legislative technique (for example, lack of systematic) that would integrate several claims which has been called "formal unconstitutionality . " The CT matter has concluded that "the trial of constitutionality is not legislative drafting" (STC 109/1987) or that "judicial review of the Act has nothing to do with technical refinement, or may lead, either, to constriction the scope of the legislature free to figuration "(STC 226/1993).
The "manufacturing " inappropriate for an instrument as complex as a law, causes shortly after its publication many problems. Everyone works given the legal uncertainty, generally, the lack of clarity in the rule or its polysemy. It is the job of the courts in particular to prevent as far as possible insecure situations. Sometimes the interpretation of authority given by the judges in a repeated manages to save the original defect. But other times, successive judicial decisions may complicate matters.
also at the regulatory level, the Advisory Councils of governments have been repeatedly calling attention to the need for correct technique will employ a standard.
In 1991, the Council of Ministers to the area of \u200b\u200bgeneral administration of the state, adopted a set of technical guidelines legislation aimed at the drafting of law, then, in 2005, has spread to all production rules of the central government, including of course the royal decrees.
As the preamble emphasizes current guidelines, the object is simply to raise the technical quality standards for the benefit of legal certainty .
But the truth is that these guidelines do not cease to be, and practice, a book style, whose offense, at least for now, has not been assigned a penalty. Another thing is - as advocated by Pilar García-Escudero - its omission is try to redirect to the procedural defects in body disabling (difficult undertaking). For now, no attention to style this book has caused only a wake-up call by advisory councils or of the TC.
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