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Summary


There is no politics outside the law and no law outside politics. Legislative drafting is a chain of legal political decisions made by politicians who are authorised by people. If the level of political parties is excluded from the legislative drafting process, people with whom the supreme power of state is vested are deprived of the possibility to contribute to the drafting of legislation.
There is no tradition in the practice of legislative drafting in Estonia to make legal political decisions before the drafting of bills. Thus, when a bill is considered by the parliament, the parties involved in the process are the officials who drafted the bill, on the one hand, and politicians authorised by the people, on the other. Officials who draft bills are forced to make legal political decisions and subsequently defend them.
Decisions adopted in the legislative drafting process are political and must be kept apart from decisions on the implementation of Acts which are non-political. The responsibility of politicians should be clearly separated from the responsibility of officials.

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