What is it
AKOMA NTOSO 1.0 Schema
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Scope
In this context we are concerned only with explicit modifications. By explicit modification we mean any modification whose modificatory action and target norm are both certain, even though neither is formally or textually complete in all its punctual and unique elements (number and date of the normative citation) useful for pointing to the precise destination (e.g.: “modifying Art. 3, paragraph 16, of the 2004 Budgetary Law” in this case the Budgetary Law is not pointable in a unique way because of missing the number act, nevertheless it is possible to precisely identify it
In particular, when a modificatory provision is involved, it will be necessary to identify the following:
- the modification’s source normative provision ;
- the modification’s target normative provision , with relative target partitions;
- the action performed by the modificatory provision;
- the date from which the modificatory action takes effect;
- the interval during which the modificatory action lasts;
- any conditions upon which the modificatory action is conditional.
If the target normative provision can be identified with certainty but the citation fails to specify all its normative elements, or if the partition to which the modification applies cannot be clearly identified, we will still have an explicit modification, but an incomplete one that the legal drafter will have to complete in the process of consolidation (e.g. «Delete all the words appearing after the word "offence"»).
The implicit modifications is meant any modification whose modificatory action and target normative provision are not certain or formally stated. These modifications are usually introduced by the well-known formula “All norms in conflict with the present article are hereby repealed” (in Mozambique it is used “È revogada toda o legilstação contrarie u presente Lei”, in Cameroon is used “La présente loi qui abroge toutes dispositions antérieures contraires” and finally in the English one “All sectoral laws and regulations repugnant to this law shall be harmonized”) or again such formulas as “making exception for all articles referring to environmental protection.” These are all cases of implicit modifications, which we will be addressed in a later study.