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Annex A: Modelling Modificatory Provisions

If the aim of this document is to achieve a shared and solid theoretical understanding of “Legal Modifications” in Africa, the ultimate goal is to model the modifications in such a way that it will be eventually possible to information and communication technologies to automate the process of legislative consolidation.

To achieve this it is necessary to analyse the structure and properties of legal documents so that it will be possible to make use of technologies and tools of ICTs. In this section we will model and describe the modifications that has been presented in such a way that they can then successfully be translated into “machine readable” instructions.

In order to make modification “computer readable” there is need to formalize what the lawmaker has set down textually as law and to capture as faithfully and objectively as possible the knowledge encapsulated in a legislative document. Every modification has to be modelled on the basis of the action it imparts to other provisions; therefore, for each modification a precise set of metadata is defined that specifies as accurately as possible the action being performed (repeal, substitution, suspension, etc.) and the resulting behaviour. (see table below).

Each modification will have different arguments.

Like any general provision, a modificatory provision carries pairs of dates expressing the intervals that define its own period of force (beginning from the date of enactment) and its period of efficacy (or come into operation). We therefore find the pair (f, e), where f and e stand for a provision’s force and efficacy, respectively. The periods f and e are each expressed through intervals (start_date, end_date).

First among which the norm (<norm>) to which the modification applies, and this norm may be a single provision or a set of provisions (interval of provisions e.g. artt. 5-15), and also it may be an entire normative act or annex. It is possible to have internal modification across different part of the same text (e.g. exception, postponement of the efficacy of some articles). In this case we have an internal modification. Some time the norm is incomplete or not accurate so the argument incomplete indicate this case. Some time the modificatory provision express the action in negative way e.g. “ It is repealed the act n. 125 at 12/09/1989 saving the articles 5 and 9”. In this case we should transform the modification in positive assertion: modify the articles 1,2,3,4,6,7,8,10 etc. In order to manage this case in smart way we can identify the only articles 5 and 9 and to assert a negation of the action. The sub-argument of norm negative is used for this scope.

Secondary it is important to link the provision where the modification action is textually expressed: this arguments is the position (<pos>). Often the position collapses in a normative reference, otherwise it is possible identify a larger part of the text (provision) that explain the modification.

Some modificatory provision has also a duration that indicates how long in the time the modification acts. In particular all temporal modifications may need on occasion to express a time interval during which the modification applies. Thus, a suspension will have to specify the period during which the normative act in question is suspended, and a prorogation the interval by which it is prolonged. These intervals will not come to bear on the norm being modified until all the attributes of the modificatory function are applied locally to that text. In other words, while we are still in the process of marking up a modificatory normative provision , we cannot at the same time have a full picture of any other concurrent modifications that may apply to the normative provision being modified, so we cannot know what its final outcome will be. Only when we consider the modified normative provision in its state at a given time will we have the complete action expressed by the intervals.

Any modification may be conditional on the occurrence of an event or otherwise on a date, or it may be restricted to a geographic area or to a range of cases to which it applies, and all this information must accordingly be specified in an attribute named condition. A condition is made up of sub-attributes:

- its purview (domain) – the range of cases in which the condition holds true (this attribute may consist of multiple elements);

- its geo-area (space) – the geographic area within which the condition holds true (this attribute may consist of multiple elements);

- the condition’s application period (event) – the interval during which the condition holds true (this attribute may consist of multiple elements). This attribute is important also for expressing the modificatory provisions that are frozen due to an external legislative event (e.g. an act is repealed but only when the regulation coming from the Ministry is delivered) or external non-legislative event (e.g. some article are repealed in case of a drammatic calamity occurs)

Finally it is fundamental also to establish, in case it is different to the date of enter in force or date of efficacy, when the modification should act. The date of modification is deducted by the textual part of the provision, when it is possible, otherwise by interpretation. This date is fundamental for applying the consolidation process in legitimate and legal mode.

                                          Main arguments of a general modificatory provision

• Period of enter in force (start, end)

• Period of efficacy (start, end)

• Norm(s) to be apply the modification (sub-argument incomplete, negative)

• Position where the modificatory provision is expressed in the text

• Duration of the modification

• Conditional

• Domain

• Space

• Event (sub-argument suspended)

• Date of modification

Special arguments

Some special arguments are needed for particular modifications.

Textual modifications need to identify arguments in which to point part of the text to substitute or repeal or the point in where to insert the new text. So arguments like oldText, newText, pointer are used in this category of modifications.

Modifications of meaning or modifications of scope, apply to the periods affecting procedures and requirements, and these need to be expressed through a normative provision ’s internal time attributes, meaning terminus points. These attributes may be a pair of dates (from ... to ...), or a period (e.g., 30 days), or a recurrent cycle (e.g., every 30 days), or they may specify a future event (date of entry into force of a regulation to be issued within 90 days). These time designations become relevant whenever the task is to extract, through a smart search, all the requirements applicable to a certain case. Further, these kinds of modifications often carry notes to be included in the relative metadata (scope).

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