wetgevingscontrole

Wetgevingscontrole is the process of examining proposed and existing legislation to ensure its legality, clarity, and alignment with higher law, constitutional principles, and policy objectives. It encompasses checks on legal quality, consistency with other rules, and the proportionality and foreseeability of government action. The aim is to prevent unlawful, incoherent, or unworkable laws before they enter into force and to reduce later legal challenges.

Typical components of wetgevingscontrole include pre-legislative screening by the responsible ministry or drafting office, impact assessments (budgetary and administrative), public consultation, and the involvement of independent advisory bodies. In many Dutch-speaking countries, an important element is the advice provided by a constitutional or regulatory authority, such as the Raad van State (Council of State) in the Netherlands or the Conseil d’État in Belgium. These bodies issue non-binding opinions on the legality, feasibility, and administrative consequences of draft legislation, and their recommendations often lead to amendments, revisions, or even withdrawal of proposals.

The process varies by country but commonly involves collaboration between the executive, the legislature, and independent legal services. The goal is to improve legislative quality, ensure compliance with constitutional and international obligations, protect rights, and enhance predictability for citizens and administrators. While advisory opinions are influential, the final decision rests with the legislative body, which may adopt, amend, or reject the proposed act.

See also: constitutional review, legislative drafting, regulatory impact assessment.