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STAGES, PROBLEMS, AND SOLUTIONS OF CODIFICATION OF
LEGISLATION: AN ANALYSIS OF THE LEGISLATION OF FRANCE,
GERMANY, AND THE USA
Ashuraxunova Shahnoza Toxir qizi
TSUL, doctoral student
Annotation:
This article analyzes the process of codification of legislation, its
theoretical foundations, stages, and practical problems. Codification is viewed as a
means to unify legal norms into a single system, eliminate conflicting or outdated
laws, and make legislation consistent and understandable. The article highlights the
essence of codification based on the theoretical views of scholars such as Jeremy
Bentham and Hans Kelsen. Additionally, it examines the stages of adopting codes,
their problems, and experiences of ensuring citizen participation through examples
from the legislative systems of France, Germany, and the USA. In France, the
historical development of codes, digitization policies, and the activities of the
Commission Supérieure de Codification are analyzed. In Germany, the institutional
mechanisms for developing codes, public participation, and the role of the federal
structure are discussed. The author provides recommendations to improve the
effectiveness of codification by developing digital technologies, broad public
involvement, and an independent expert review system.
Key words:
systematization of legislation, codification of legislation, code
(legal code), French model, Germaniya modeli — German model, law-making
(legislative activity)
Codification of legislation is the process of systematizing normative legal
documents and consolidating them into a single, coherent document. This process
aims to improve the legal order, make laws clear and consistent, and ensure the
effective application of legal norms. Codification identifies inconsistencies,
duplications, and outdated parts of existing legal documents, allowing them to be
incorporated into a new system.
This process is complex and consists of multiple stages, each of which has its
own theoretical foundations, methodologies, and practical approaches. To ensure the
effectiveness and quality of codification, it is necessary to identify the problems at
each stage and develop solutions. This article analyzes the stages of codification, the
problems that arise, and ways to resolve them, using the legislative systems of
France, Germany, and the USA as examples.
Firstly, if we focus on the theories of legislative codification, classical theories
view codification as a process of stabilizing the legal order and systematizing legal
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“Interpretation and researches”
Volume 1 issue 10 (56) | ISSN: 2181-4163 | Impact Factor: 8.2
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norms. One of the founders of this theory is Jeremy Bentham. He saw codification as
a means to facilitate the practical application of laws by compiling them clearly and
systematically. Other scholars consider codification as a centralized and thoroughly
planned legal process carried out by the state authority. According to this view, a
code ensures legal stability for society by consolidating legal norms into a single
source. [1]
According to Hans Kelsen’s theory, codification plays an important role in
organizing the legal system into a logical and unified structure. Codification resolves
conflicts between laws and makes the legal system more functional by consolidating
them. Furthermore, from a functional perspective, codification should also ensure that
the legal system is adapted to social, political, and economic conditions. At the same
time, it is viewed as a means to enhance citizens’ legal awareness and strengthen
justice in state governance. [2]
Today, codification is viewed as a part of the democratic process. This approach
emphasizes the participation of the broader public, experts, business representatives,
and civil society members in the codification process. Additionally, the digitization of
normative legal documents, as well as interactive analysis and discussions facilitated
by modern technologies, play a significant role in improving the quality of
codification.
Codification is seen not only as a means of unifying legal norms but also as a
mechanism for social renewal and stability.
Analysis stage.
At this stage, existing laws and normative documents are
collected, analyzed, and prepared for regulation. One of the problems of this stage is
the large number of normative legal documents, as well as the presence of outdated
and conflicting norms, which complicates the analysis work. For example, in France,
hundreds of years’ worth of documents are analyzed in national libraries and archives
during this stage.
[3]
Organizational stage.
Based on the results of the analysis, legal norms are
grouped by topic, and terminological consistency is ensured. During this stage, the
structure of the code is formed. Problems at this stage may include inconsistencies in
terminology and unclear boundaries between topics. For example, in Germany, many
academic commissions operate at this stage.
Drafting stage.
A draft of the new code is prepared. Normative provisions are
consolidated and thoroughly edited. At this stage, challenges such as the complexity
and volume of the draft, as well as a lack of time and resources, may arise. For
instance, in the United States, the preparation of federal code drafts takes a significant
amount of time due to the need for broad discussions at this stage.
Expert review and discussion stage.
Drafts are reviewed by legal scholars,
specialists, and the public. Suggestions and amendments are introduced. At this stage,
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issues such as limited public participation in discussions and increased political
influence may occur. For example, in France, experts play a prominent role, but the
influence of political figures may slow down the process.
Adoption and formalization stage.
The code is adopted by parliament or the
authorized bodies and enters into legal force. Challenges at this stage may include
political interference and a decline in quality due to rushed adoption.
In France, the codification of legislation has deep historical roots and remains
one of the key elements of the current legal system. Below is an analysis of the legal
framework and development stages related to the adoption of codes in France.
The process of adopting codes in France began with the adoption of the Code
Civil (Napoleonic Code) by Napoleon Bonaparte in 1804. With its clear and
comprehensible language, this code eliminated the complexity of feudal laws and laid
the foundation for modern civil law. The Code Civil was adopted on March 21, 1804,
and continues to serve as France’s main civil code to this day.
With Napoleon Bonaparte’s initiative, several other codes were also adopted in
addition to the Code Civil:-
Code de procédure civile 1806;
- Code de commerce 1807;
- Code d'instruction criminelle 1808;
- Code pénal 1810.
These codes formed the foundation of the French legal system and also
influenced many other countries. ([Wikipedia][1])
In 1989, the French government established the Commission Supérieure de
Codification. This commission operates with the aim of systematizing and
simplifying legislation. The codes prepared by the Commission are adopted by
Parliament and play an important role in the French legal system.
The process of legislative codification in France consists of the following stages:
Draft preparation. The Commission prepares drafts of new codes or updates to
existing laws. This process involves the analysis of current laws by legal scholars and
experts.
Public discussion. Drafts are discussed with the broader public, experts, and
other stakeholders. During this stage, suggestions and amendments are made.
Parliamentary review. The drafts are submitted to Parliament, where they are
reviewed by the legislative div. Discussions are held, and necessary amendments
are introduced.
Adoption and publication. Once the code is adopted by the legislative div, it is
officially published and enters into force in accordance with the established
procedure.
In the French codification process, the following challenges may arise:
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Large volume and complexity of normative documents: The existence of
numerous laws and normative documents complicates the process of systematization.
Political influence: Political interests during the codification process may
negatively affect the quality of the laws.
Lack of public participation: Insufficient involvement of the public and experts
in the process may lead to laws that do not align with practical needs.
To make the legislative codification process in France more effective, the
following steps are currently being implemented:
Use of digital technologies: Digitizing normative documents and making them
available on online platforms simplifies the process.
Broad public engagement: Ensuring the participation of the public and experts in
the codification process helps improve the quality of legislation.
Establishing independent expert groups: Independent expert groups free from
political influence play an important role in ensuring the quality of laws.
In Germany, the process of adopting codes and other laws is thoroughly
structured and is carried out based on a bicameral parliamentary system. Below is
detailed information on the main stages and key features of this process.
In Germany, new codes or draft laws are usually prepared by the Federal
Government (which initiates most legislative proposals), Bundestag (where members
of parliament and parliamentary groups can introduce proposals), and Bundesrat
(where draft laws can be submitted by the governments of the federal states, or
Länder). Once the drafts are prepared, they are submitted to the Bundestag. [5]
In the Bundestag, draft laws go through three readings:
1. First reading – the draft is presented and discussed in general terms.
2. Second reading – it undergoes detailed analysis in committees, and
amendments are made.
3. Third reading – the final vote is held.
If the draft is approved in the Bundestag, it is forwarded to the Bundesrat.
In the Bundesrat, draft laws are classified into two categories:
Zustimmungsgesetze (laws requiring approval): These require the Bundesrat’s
consent.
Einspruchsgesetze (laws subject to objection): The Bundesrat can only raise
objections.
If the Bundesrat expresses an opinion on a draft, it is sent back to the Bundestag.
If disagreements arise between the Bundestag and the Bundesrat, a Mediation
Committee (Vermittlungsausschuss) is formed. This committee consists of equal
representatives from both chambers and seeks to resolve conflicts. If an agreement is
reached, the revised draft must be approved again by both the Bundestag and the
Bundesrat.
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Once the draft is passed by both houses, it is signed by the Federal President and
confirmed by the Federal Government. The law is then published in the Federal
Gazette (Bundesgesetzblatt) and comes into force.
Germany’s legislative process is based on the Grundgesetz (Basic Law). The
core principles of this system include:
Federalism – participation of federal states (Länder) in lawmaking
Democratic oversight – the key role of parliament in the legislative process
Transparency and accountability – broad public debate and expert review of
legislative proposals.
In France, several important initiatives have been undertaken in the field of
legislative digitization. These initiatives aim to present laws in digital form, keep
them up to date, and make them more accessible to citizens. One of the main efforts
in this direction is the "Loi pour une République numérique" (Law for a Digital
Republic), adopted in 2016. This law is aimed at developing a digital legal system in
France. Its main objectives include implementing an open data policy, providing
public access to information produced by government bodies, ensuring the protection
of personal data in the digital environment, and granting all citizens equal access to
digital services. Through this law, France began its transition toward a digital society.
Another initiative developed by the French government is the LLaMandement
project, which uses large language models to generate summaries of legislative
proposals. This project aims to simplify and make legislation more understandable
for citizens by analyzing and summarizing laws. LLaMandement also serves to
streamline the presentation and updating of legal texts in digital format.
In France, laws and other legal documents are made available to citizens through
official websites. This allows the public to easily find and study laws. Moreover,
presenting legislation in digital form simplifies the process of updating and amending
legal texts.
Although France has made significant progress in the digitalization of
legislation, several challenges still exist: some citizens face limited access to digital
services, technical issues can arise on digital platforms, and there is a need to ensure
the security of personal data in the digital environment.
To address these challenges, France is taking various measures, such as
strengthening digital inclusion programs, ensuring the stable operation of digital
platforms, and implementing necessary safeguards for the protection of personal data
in the digital space.
In Germany, public and civil society participation in the development of legal
codes is guaranteed by legal and institutional frameworks. This process helps
strengthen transparency and accountability in parliamentary democracy. Below is a
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detailed explanation of how citizens and interest groups participate in the law-making
process in Germany.
Draft laws are often developed by the relevant federal ministries. In accordance
with the Gemeinsame Geschäftsordnung der Bundesministerien (GGO) – the Joint
Rules of Procedure of the Federal Ministries – ministries may request written
opinions from external interest groups, experts, and civil society organizations during
this process. These consultations may be open (public call for feedback) or closed
(with selected stakeholders). Such consultations help improve the quality of draft
legislation. [4]
The permanent committees of the Bundestag have the authority to hold public
hearings during the review of draft laws. In these hearings, interest groups, experts,
and other stakeholders express their opinions. Such hearings enhance public
understanding of the draft legislation and help ensure that diverse interests are taken
into account. [5]
Due to Germany’s federal system, the Bundesrat (representatives of the federal
states) plays an important role in the legislative process. If a draft law affects the
interests of the federal states, the Bundesrat provides its opinion. This process helps
take into account the experiences and needs of the federal states.
In Germany, citizens and the public are allowed to comment on draft laws
through online platforms. For example, the document titled "Leitlinien für gute
Bürgerbeteiligung" (Guidelines for Good Citizen Participation) emphasizes the
importance of involving citizens in the legislative process. These guidelines aim to
involve citizens from the planning phase to the final proposal.
In Germany, citizen and civil society participation in the law-making process is
ensured through legal and institutional frameworks. The transparency of this process
and the consideration of public opinion contribute to improving the quality of
legislation.
Conclusion: Codification of legislation is a process aimed at improving the legal
order, systematizing legal norms, and adapting them to modern socio-economic
demands. This process requires thorough analysis, revision of legal documents, and
the development of appropriate proposals. The experiences of France, Germany, and
the United States show that effective codification not only eliminates inconsistencies
among laws but also enhances legal culture and the overall quality of legislation.
As discussed in the article, the codification process is implemented step by step:
analysis, organization, drafting, expert review, and adoption. Each stage presents
different challenges, such as the abundance of normative documents, terminological
inconsistencies, political influences, and limited resources. France's experience in
digitization and Germany's experience in public participation are particularly
noteworthy.
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Based on the findings of the article, the following recommendations were
developed:
1. Implement codification based on a centralized, continuous, and systematic
approach:
Each stage should be supported by legal, technical, and institutional
frameworks.
2. Strengthen scientific and independent expert review:
It is essential to expand the involvement of legal scholars, academics, and
professionals who work free from political pressure.
3. Actively introduce digital technologies:
Interactive platforms should be established to ensure transparency of the
codified documents and help citizens better understand them.
4. Enhance citizen and civil society participation:
Public consultations on draft laws should be made mandatory, and systems for
feedback through open portals and forums should be improved.
5. Study and adapt the experiences of France and Germany:
In particular, adopting France’s achievements in digitization and Germany’s
mechanisms for democratic oversight in lawmaking—tailored to local conditions—
would be beneficial.
6. Establish mechanisms to ensure the continuous updating of legal codes:
It is necessary to develop systems for regular monitoring, updating, and adapting
legal codes to changes in practice.
If the codification of legislation is carried out based on the recommendations
provided, the process of adopting legal codes may become more streamlined in the
future, leading to the creation of higher-quality codes.
Refrences:
1.Alfange D. Jr. Jeremy Bentham and the codification of law // Cornell Law
Review. – 1969. – T. 55, № 1. – S. 58–77.
2.Hadi S., Michael T. Hans Kelsen's thoughts about the law and its
relevance to current legal developments // Technium Social Sciences Journal. –
2022. – Vol. 38, No. 1. – P. 220–227.
3.Goncharova, Larisa N., et al. "Codification of Legislation in Various Legal
Systems." Revista de Investigaciones Universidad del Quindío, vol. 34, no. S2, 2022,
pp. 358–364
4.Ashuraxunova, Shahnoza. "Systematization of Legislation: Theoretical Legal
Analysis Based on Foreign Experience." Central Asian Journal of Education and
Innovation, vol. 3, no. 5, 2024, pp. 196–202.
International scientific journal
“Interpretation and researches”
Volume 1 issue 10 (56) | ISSN: 2181-4163 | Impact Factor: 8.2
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5. Martynenko, I. E. "Prospects for the Systematization of Legislation on the
Protection of Cultural Heritage Objects Through Codification." Proceedings of the
International Scientific and Practical Conference “Russia 2020 - a new reality:
economy and society” (ISPCR 2020), Atlantis Press, 2021, pp. 209–213.
