Lainausmenettelylainsäätämisellä

Lainausmenettelylainsäätämisellä refers to the practice of borrowing or adopting legal provisions or legislative solutions from other jurisdictions when creating new laws or amending existing ones. This process is a common feature of legislative drafting and can be observed across various legal systems and policy areas. The primary motivation behind employing this approach is to leverage established and tested legal frameworks, potentially saving time and resources in drafting and to benefit from the experience and outcomes of other legal systems.

When a legislator or drafting committee decides to adopt a provision from another jurisdiction, it often involves a careful analysis of the original law's context, purpose, and effectiveness. This examination aims to ensure that the borrowed provision is suitable for the adopting jurisdiction's specific legal, social, and economic environment. Simply copying a law without adaptation can lead to unintended consequences or ineffectiveness. Therefore, the process typically includes a phase of adaptation and integration into the existing legal order.

Sources for borrowed legislation can include international conventions, model laws developed by international organizations, or statutes from countries with similar legal traditions or facing comparable policy challenges. The decision to borrow is often informed by comparative legal research and expert opinions. While borrowing can expedite the legislative process and introduce innovative solutions, it also necessitates careful consideration of potential conflicts with domestic law and the need for thorough stakeholder consultation to ensure legitimacy and acceptance of the new provisions.