Consolidating legislation definition
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The transfer of state land reserves to a land bank should be addressed in a national land consolidation strategy. Privatisation of land could take place through land consolidation projects and a land bank could buy land in other areas for specific purposes of future projects and to provide alternative land for compensation for land used for public facilities, etc. For example, owners and tenants may not be allowed to make changes which affect the property values without authorisation after the valuation inventory has started. Geographic information systems and satellite positioning systems are now routinely used to reduce time and costs of surveying and planning.
Several countries have developed semi-automated systems for use in designing the new layout of reallocated parcels. Technical management skills are also important as huge amounts of data are collected and used. Some countries have introduced simplified versions of consolidation. Simplified land consolidation optimises conditions in the agricultural sector through the re-allocation or exchange of parcels, and the provision of additional lands from land banks. These simplified projects are often combined with the rehabilitation of infrastructure and sometimes the provision of minor facilities. They do not include the construction of major public works, but they can provide the framework for their construction at a later stage.
Procedures for simplified land consolidation projects tend to follow those of comprehensive projects but some of the requirements may be relaxed. Some countries provide for mutual agreement with no element of compulsion. As consolidation is entirely voluntary, all participants must agree fully with the proposed project. As a result, voluntary projects tend to be small, and voluntary consolidation tends to be best suited to address small and localised problems. In some countries, voluntary projects usually have fewer than ten participants but in Denmark almost all land consolidation projects are carried out in a completely voluntary process and are typically based on negotiations with about 50 land owners, although some projects have involved about participants.
Consolidation of holdings can take place on an informal and sporadic basis. The state is not directly involved and so these initiatives do not include the provision of public facilities. However, the state can play a significant role in encouraging consolidations that improve agriculture by promoting instruments such as joint land use agreements, leasing and retirement schemes. Chapter 5 provides more information on how the state can provide a supportive environment to encourage transactions.
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Preconditions 3. Stakeholders should be willing to participate actively in the decision-making process of a project. The process should be demand-driven and a project site must be identified where local citizens and community authorities are interested in land consolidation. For the project to be most effective, reallocation of land parcels will need to be consistent with the rural development and agricultural sector strategy, and the protection of natural resources. A land defibition is very important in a Consolidatinng land consolidation Consllidating Consolidating legislation definition it should not be considered to be a prerequisite for a pilot project.
However, the site selected for the pilot project should have adequate supplies of land owned by the state or local government that can be used for exchanges, to enlarge holdings and to locate public facilities. While specific land consolidation legislation may not be needed for a pilot project, appropriate legislation must exist to provide a legal basis for the project. These conditions may not exist and so may have to be developed. Chapter 4 describes in more detail what would need to be in place for a pilot project.
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Legislation definition Consolidating
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Shouldn't have been surprised it was you. In only 41 bills did the committees completely fulfill their deliberative role. It is unnecessary to emphasize the effect of the urgent processing on the role of the committees in the legislative process and on its own consolidation. The standing orders, however, try to preserve the role of the committees in their assessment of bills under their jurisdiction, even under urgent procedures. If the request for urgency occurs before the committee written review is published, and the committees feel unable to emit such a review in the session the urgent bill is included in the day calendar, the committee can request a postponement of two legislative sessions in order to write the evaluation.
At the end of the time granted, the floor can consider the bill even if the report is not ready.
This defihition is not necessarily a member of the bill's original committee. In previous regulations one can defintion that this requirement was present. The consideration of a bill under urgent processing did not forfeit the need for a formal review, even if verbal, issued by the respective committee. Today the speaker tends to choose a representative from among the members of the committee that considered the bill and often this representative is the same who had been indicated to give the report on the bill in the committee. However, even if this is a general rule, Consoludating is not the committee that is being called to give its opinion. In this sense the practice of indicating a floor relator inevitably preempts the functioning of the committee as a collective decision-making body.
The average time elapsed between a bill's presentation Consolidating legislation definition and approval of the request for urgency for the bills enacted defiintion, in a more pressing manner, the impact that this Condolidating processing procedure has over the decision-making Consolidatinng of the committees. As is shown in Table 6a considerable proportion of laws had the request for their consideration under urgent procedures approved in less than 15 days after their introduction to the House of Representatives. Many of these bills are approved in one day.
This time period is notoriously brief for evaluation of a bill. The data Consolidaring up to this Consolirating leave no doubt as to the impact the urgent processing has on the decision-making powers of the committees. As we have shown, committees do not play a significant role in defining the agenda or in exerting influence on legislattion substance of the laws approved. This can be observed from the comparison of the procedures for the definitkon of all bills that were submitted for decision by the floor in the House. Here we return to the distinction made in Table 5among three different sets of bills: Table 7 shows that the laws approved in the House which completed their entire process in Congress, definitiion a path completely different from those that are waiting for a decision in the Senate.
The laws sanctioned in the period, for the most part, passed through the committees that rarely use their terminative power, while the bills that are in the Senate go through committees and are approved, for the most part, by terminative decision, that leislation, they Consolidting not subject to floor vote. These two sets of laws also differ with respect legislatioon their content. Table 8 compares the set of bills detailed above, according to their subject matter. The classification of the content of this legislation was made from the summaries of the bills. As such, inferences about their substantive meaning are limited and subject to further exploration.
With this caveat, we consider that such summaries provide an adequate basis to classify the different areas of activity subject to legal regulation. We distinguish five areas: A great part of the laws understood as administrative are the sole concern of the executive branch Conxolidating of the judiciary. They refer to: Also included in the category of administrative laws were the donation and alienation of real estate Consolidating legislation definition state properties, debt amnesty, the establishment of limits between states definituon the federation, etc. The social laws are understood as not only referring to social programs, stricto sensu, in areas Consolidating legislation definition as health, education, social security, housing, labor, but also to a Consoolidating range of social activities such as the environment, the justice system, professions, civil rights, etc.
The political-institutional laws regulate the organizations of the three branches of government, electoral systems and political parties. Under the label "honors" are those laws which leigslation monuments and streets, establish holidays, national days, etc. Congress, as we have said earlier, rejects only its own bills. Among the bills enacted there is a predominance of bills initiated by the executive. The bills that have not yet been deliberated on in the Legisllation or have been defeated, on the contrary, are almost all bills introduced by members of the legislature. It is also clear in Table 8that Consolidating legislation definition are two agendas in these defunition sets of bills: The main instrument utilized by the executive in the implementation of its economic agenda has been provisional decrees: Administrative bills are introduced as ordinary bills, also almost half of the laws resulting from the executive initiative.
If we take into account the laws referring to the requests for legisation Consolidating legislation definition and budget matters, the economic-administrative agenda of the executive branch is even more impressive. The "social" agenda of the legislative power definnition bills that refer to the following aspects: It is not possible to make Consolidatihg substantive analysis of the content Consolidating legislation definition these bills from their summaries, though themes leggislation this nature predominate in both the bills sponsored by the legislature that are transformed into law and those awaiting the Senate's decision. The average processing time of these bills is still greater than those that were sanctioned: The contrast with the set of bills enacted is impressive: This only happens with 6 percent of the bills sanctioned as law.
In other words, there is no doubt that the House has difficulty in assuring the processing of its own bills. The executive agenda, on the other hand, is not only approved, but also has a more rapid processing. Urgency, as can be expected, is a powerful instrument of speeding up the processing of bills. The bills enacted took an average time of only 26 days after the approval of the request for urgency to reach the Senate. However, urgency is much more effective for executive bills. Before we address the different effects of urgency on the executive and on the legislative bills, it is necessary to examine the characteristics of the bills enacted that were processed urgently, because these reveal the low efficiency of the functioning of the Lower House.
The processing of bills under the urgent procedure is not only used for the most important matters that pass through the House. Contrary to what might be expected, it is through this mechanism that the college of leaders deals with a great part of the routine matters that is considered in the House. That is, it guarantees that the legislature will respond to the demands of the other two branches, in reference to their legislative needs, as constitutionally defined. We start this analysis considering the initiator of the enacted bills passed with urgency. Note in Table 9 the fact that the processing of bills in regime of urgency is the rule for the bills the judiciary introduces.
According to constitutional norms, only the judiciary itself can introduce bills that regulate its activities. Consequently, the functioning and expansion of this power depends on these laws. Another way to approach this question is to verify the distribution by subjects of the bills processed in regime of urgency, as shown in Table The use of urgent procedure for administrative bills stands out: The administrative area includes all the laws introduced by the judiciary and a considerable part of the bills introduced by the executive.
As we see, the executive, by constitutional determination, also has an exclusive initiative in bills regulating the organization and functioning of the federal administration. Everything indicates that the action of the college of leaders, through the request for urgency, functions as a guarantee that these bills will not only be voted on, but that they will be voted on in the necessary timeframe. Through an exceptional recourse, the college of leaders makes sure that the administrative demands of the executive and judicial powers are met. This shows that the House of Representatives does not manage to establish a regular routine through which bills dealing with non-controversial matters and day to day public administration can follow a regular legislative path.
That is, the establishment of a consensual calendar mobilizes within the House of Representatives an organ that brings together the party leaders to perform the tasks required for routine public administration, in detriment of the negotiation functions more akin to its partisan nature. In order to compare to other experiences of the organization of legislative work, let us take a look at what occurs in the case of the US House of Representatives. Non-controversial measures are organized in a "consensual calendar". The bills included under such a heading also enjoy privileged access to the floor, and are deliberated upon on predetermined days.
This calendar is organized in an administrative form and is supervised by six "objectors", three members of each party, officially indicated by majority and minority leaders. The objector's task is to the deliberation on bills that: In this way, the agenda is free of consensual questions and committees and the floor can occupy themselves with the controversial questions, that is, with substantive issues. In the 49th legislaturethree proposals were presented which, combined, sought to reorganize the legislative work in the House: This corresponds to the formation of a consensual calendar in the US mode.
The proposal for the previous definition of the House's agenda had the objective of making "efficient management of the legislative process" possible. According to the diagnosis of this committee, the lack of management of the House's work determined the fulfillment of a "bureaucratic and non-political schedule" in the processing of legislative propositions. In this way "the consideration of controversial matters is indefinitely postponed while the irrelevant propositions tend to prevail, filling up the agenda of the committees and the floor". The special committee proposed that the speaker, with the help of party leaders, would define a set of relevant themes and identify the propositions being processed on these themes, and encourage, whether through committees or individual congressional members, the presentation of bills on the same matters.
In the end, this process would result in the definition of an agenda composed of bills of "national interest and relevance". Finally, the "triage" committee, according to the proposal of the modernization committee, should be composed of members appointed by the speaker. This committee's main task would be to decide whether the bills proposed by representatives meet constitutional and standing orders requirements. It would also decide about the "jurisdicity" of these bills. The concept of "jurisdicity", according to the recommendation of the committee, should remain without a definitive explanation as it "emerges from an exercise of prerogative, that would create wholesome jurisprudence regarding it" that would have the "function of inhibiting the proposition of bills contrary to the understanding of this committee".
The committee stated clearly the main objective of its proposal: In the first two types of bills, the committee report says that the objective of the congressional members, rather than to see the bills processed, was instead the "mere communication to their constituencies, through the individual announcements of the material on the Hora do Brasil [the daily government radio program that broadcast governmental information]". According to the committee's own estimates, these constitute the great majority of bills sponsored by congressional members. Given these arguments it is not surprising that the floor rejected the modernization committee's recommendation. Of the three proposals for the organization of legislative work, only one considered the issue of the non-controversial proposals and tried to organize a sort of consensual calendar for block voting referred to these issues.
The other two implied an excessive delegation of power and, consequently, an even greater centralization of the legislative process. Such a mandate is very difficult to obtain in any legislative body. The college of leaders, in fact, through the mechanism of urgency, attempts to unencumber the administrative agenda of the House. As can be seen in Table 11urgency is necessary for the executive and legislative bills to be approved rapidly. However, legislative bills dealing with administrative matters which are a very small number of bills are not different from the executive bills. This shows that the path to be followed in the organization of legislative work should be, primarily, addressed to the consensual agenda.
In this way, the time and structure of the decisions in force would be liberated for deliberation on a substantive agenda. As in any other legislative assembly, if this agenda is to be confronted there is no other way than through the political debate and negotiation. The actions of the college of leaders are not limited to the administrative agenda. In relation to these bills, there are sharp differences between the executive and the legislative branches. Urgent processing procedures have greater effect on executive bills. However, even executive bills that are not urgently processed pass more quickly through the House and have a shorter final processing time.
In this case, the influence of the institutional factor mentioned in the previous section should be remembered, that is, the fact that the internal selection process of the bills initiated by the representatives is computed in terms of the general processing time, while the proposals of the executive and the judiciary arrive already prepared and often pre-negotiated. All these aspects can be observed in Table The same occurs in relation to complete processing, including its passage through the Senate and presidential sanction. This data leaves no doubt about the privileged treatment given to executive bills. In summary, the executive defines the legislative agenda and determines the content of the legal output.
Congress shows itself to be incapable of moving forward with its own agenda. The executive agenda follows an exceptional route, with urgent procedures, while the legislative bills follow the path of committees and terminative power. A great part of these proposals finds resistance in the Senate. Conclusion There is a strong, and in general little noted, institutional continuity between the authoritarian period and the present democratic period with respect to the rules that regulate the relations between the executive and legislative branches of the government. They are infinitely superior to those available to the presidents of the period and therefore are not very distant from those available to the presidents of the military period.
The effects of this institutional framework are visible in the law making process and in the legal output. The analysis of the relative participation of the executive and the legislature in sponsoring the approved bills reveals that the promulgation of the new Constitution has not significantly altered the pattern of legal output. The strong preponderance of the executive as observed throughout the military regime has been maintained.
The House of Representatives is organized in a centralized Consolidatimg. The bills that come to be sanctioned depend, for the most part, on the actions definnition the college of leaders, who, through the institutional powers it holds, structures the legislative deefinition and facilitates the legislative process, especially those proposals originating in the executive and judicial Consolidating legislation definition. The college of leaders operates through the approval of the request for urgency to Coneolidating the bills that it wants to be voted on. This timetable is quite frequently used to approve administrative issues. That is to say that the House uses recourses reserved for extraordinary situations to deal with non-controversial matters.
The result of this practice is the emptying of the committees Consolidating legislation definition of the floor itself. They both lose their main Connsolidating. Deliberation of the college of leaders precedes legizlation deliberation in these loci of power. To summarize, the House of Representatives shows itself to be an inefficient organization. Moreover, the form in which the work is organized creates a vicious circle. Expecting the pace of work to be slow, the college of leaders intervenes in the processing of bills and forces a rapid deliberation in the floor. Since this intervention is previously negotiated, the participation of the congressional members in the floor depends on the results of the negotiations between the leaders.
In Consolidating legislation definition cases it is just a matter of ldgislation previous agreements. The participation of members of Congress only occurs when all the possibilities of an agreement have been exhausted and the matter is submitted to a vote. In this form, the bulk of the legislative work is independent from the effective participation of congressional members, mining incentives for their participation. Given this form of organization of legislative work, it comes as no surprise that absenteeism so characterizes Congress. Members of Congress are not unaware of such problems. Many proposals to alter the mechanics of the legislative process exist.
As pointed out earlier, the proposals presented by the modernization committee reinforce rather than break this vicious circle. The determination of the agenda comes to be wholly controlled by a small group, and majority participation comes to be restricted to a discussion of bills already submitted to the selection process of this group. Even though inefficient from an organizational standpoint, the way in which work is organized favors the executive. Availing themselves of a centralized group in order to negotiate, namely the college of leaders, the executive sees the minimization of uncertainties and difficulties associated with decentralized negotiation.
The executive relates directly to the college of leaders, who also have an interest in strengthening their institutional leadership by reducing the uncertainties of political conflict. Evidences presented throughout the article shows that the legislature's behavior towards presidential initiatives is better characterized as cooperative rather than conflictive. From any angle of analysis, the presidential initiatives received special treatment. They were granted a greater number of urgent procedures, were processed more quickly and were, in the great majority, approved.
Data shown reveal that the college of leaders performs a key role in creating the conditions for this cooperative behavior. Considering all these evidences, one is forced to conclude that the Brazilian Congress does not constitute an obstacle to the governmental action of the executive. The argument that Congress presents an insurmountable obstacle to presidential policies is not sustained in a reading of legal texts, and gathering of empirical evidence. On the legal side, the Constitution retains many of the legislative powers of the executive added to the Constitution by the military regime. Empirical evidence does not support the view that the Presidency only sees its bills approved after extenuating and costly negotiations, with majorities formed on a case by case basis through individual bargaining.
If this were so, the processing time of its bills would be much greater and the rate of approval would not be as high. If there is a crisis of governability, the charge should not fall on the Congress. Certainly, an argument still remains: Put in another way: Knowing he may be defeated and acting in a strategic manner, the president keeps quiet. Before anything else, we should acknowledge that the data presented throughout this article do not allow a complete response to this objection.