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Dynamic of the norms in the time: a model for legal information system

C.I.R.S.F.I.D University of Bologna Research Centre of History of Law, Philosophy and Sociology of Law, Computer Science and Law. Dynamic of the norms in the time: a model for legal information system. Kob æk Strand, Skælskør September 22-24 2004 University of Bologna

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Dynamic of the norms in the time: a model for legal information system

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  1. C.I.R.S.F.I.D University of Bologna Research Centre of History of Law, Philosophy and Sociology of Law, Computer Science and Law Dynamic of the norms in the time: a model for legal information system Kobæk Strand, Skælskør September 22-24 2004 University of Bologna Monica Palmirani and Raffaella Brighi

  2. Objectives of the model • building a Normative Information System able to manage three temporal axis: • law in force • law efficacy • law applicable • building the law in force guaranteeing the normative system principles under legal point of view • (represent the potentiality of the legal knowledge)

  3. LS n2 nj n1 n3 Normative system: a model • Legal system is a set of valid norms in a due time respect some criteria of membership regulated by meta-norms (in Italy by Constitution, civil code) • Normative system is a sequence of legal system in the time ** NS = {LS1 ,LS2, LS3,… LSm} ; m  N • The function of transformation from LS1 to LS2 is a function that applies the modification M1 to LS1 ƒ(M1, LS1)= LS1+1 • NS is a sequence NON monotonic • **Ref: Guastini, Teoria dogmatica delle fonti; Raz, The Authority of Law; Bulygin, Time and Validity, Ross, Directives and Norms, Bobbio, Studi per una teriori generale del diritto.

  4. Normative Information system: a model • Normative Information System (NIS) is an document management system able to manage the dynamic movement of the normative system in the time • It is able to manage all the sequence of the snapshot of a legal system respect a due time • All the normative documents are archived inside of the NIS without physical delete • Problems: • Respect which times we should take the photos in the NIS? • How to maintain the collection of photos coherent in the temporal way? • Which are the practical use of this photos?

  5. Temporal Axis t0 t1 t2 ti ti+1 tn+1 tn Legal system LS0 LS1 LS2 LSi LSi+1 LSn-1 LSn …. …. Set of Modifications M0 M1 Mi Mn-1 …. …. Normative system

  6. Static Dates in the Italian normative act • Existence date – Ex_date – dies consulti • when the legislation process is concluded by the deputy organism (parliament, regional council, municipality council, etc) • Delivery date – Del_date – dies signum • when the act is promulgated or emanated by the public administration (within 30 days from the existence date) • Publication date – Pub_Date – dies edicti • when the act is published in the official bulletin – legal publication • Others publication dates – RePub_Date – dies edicti • when the act is re-published in official bulletin – information publication • Fist enter in force date – Force_Date – dies coactu • The date when the act enter in the normative system and it can be applied

  7. Dates in the normative act Now the act is a law • Usually Force_date  Publication_date • but for sure Force_date  of Delivery_date Existence_date Delivery_date Public_date Force_date Vacatio legis Usually un month Usually un month Usually 15 days

  8. Static Dates in the normative actPROCEDURE TIME

  9. Times in the norms • Period of Enter in force – interval • [force_start, force_end] • Time when the norm enter and exist in the normative system – metaphor of the baby: date of born • Period of Efficacy – ED – interval • [efficacy_start, efficacy_end] • Time when the norm is powerful under legal point of view. The judge could take in consideration this norm for the application to the concrete case Interval of force Interval of efficacy Pub_D Force_D Efficacy_D Post pone the efficacy Vacatio legis

  10. Relationship between force_date and efficacy_date CASE 1) NORMAL CASE Force_D =Efficacy_D=[t1, tn] t1 tn CASE 2) POSTICIPATION of EFFICACY Force_D = =[t1, tn] Efficacy_D=[t2, tn] t1 tn t2

  11. Relationship between force_date and efficacy_date CASE 3) RETROACTIVE NORM Force_D = [t1, tn] t1 t-1 tn Efficacy_D = [t-1,tn] CASE 4) ULTRACTIVE NORM Force_D = [t1, tn] t1 tn tn+1 Efficacy_D = [t1,tn+1]

  12. Relationship between force_date and efficacy_date CASE 5) SUSPENSION Efficacy_D = [t1,t2]+[t3,t4] Force_D = [t1, tn] No efficacy - suspension t1 tn t2 t3 CASE 6) REVIVIAL Force_D =Efficacy_D = [t1,t2]+[t3,t4] t2 No force No efficacy t3 t1 tn

  13. Revival case Efficacy_date= 09/07/1998 Regional LAW n. 44 del 7/12/1981 (Regional Official Bulletin of Emilia-Romagna Region n. 153, 10 December 1981) ART. 1 Transitory provision The provision art. 1, comma 1, 2, 3, 4 of the regional law 12 February 1980, n. 9 are recalled in force (Italian text ART. 1 Le disposizioni dell’art. 1, commi primo, secondo, terzo e quarto, della legge regionale 12 febbraio 1980, n. 9, sono richiamate in vigore )

  14. Relationship between force_date and efficacy_date CASE 7) NORMAL SITUATION -- DECISION of ILLEGALITY ex-tunc • Valid NORM is declared by the Constitutional Court ILLEGAL • The norm disappear since the beginning in the temporal axis of force and efficacy • But …. • before the illegality decision of the judge the norm was applied !! Efficacy_D = [0,0] Force_D = [0,0] t1 tn

  15. Times in the norms • Application – App_D • Time when the norm is applicable by the judge to a concrete case • It is a matter of judge not of the NIS • We can markup all the information useful for the judge • Time, case, location LOCATION area of applicability CASE TIME

  16. Times on the modification norm • A modification is a particular norm that modify the text or the time or the range of another norm • A modification talk about something relating another norm • The norm of modification has itself: • Force date – Force_D • Efficacy date – Efficacy_D Norm of modification Decree 24 December 2003, (GU n. 300 del 29 dicembre 2003) Norm of modified Legislative Decree 30 June 2003, n. 196 (G.U. 29 luglio 2003, n. 174 ) Art. 2 Integrate the art. 186 bis, law 196/2003 Art. 186 bis “xxxxxx” modification F_d=yyy E_D=xxx F_d=xxx E_D=jjj

  17. Times on the modification norm • We have modifications related to events in the future and in the past • Date of Application of the Modification – Mod_App_D • Date of application is usually = date of efficacy of the provision of modification • Modification in the future, modification in the past • time of the modification CASE 1) Art. 13 The Title II of the Regional Law Emilia-Romagna, n. 50 is suspended in the efficacy from the xxx to yyy

  18. Modification in the past CASE 2) Legilative DECREE n. 209 del 25/09/2002 (efficacy: 24/11/2002) Tax law Art. 5...... 1 bis. The article 11 of the DPR 26 October 1972, n. 642 is repealed since to 1 January 2002 Efficacy_date= 1 Jan 2002 judge QUERY: give me all the provisions efficacy in 1 Jan 2002: The system gives: the act modified and the modification also!!

  19. Modification in the future Efficacy_date= 09/07/1998 CASE 3) Dlgs n. 213 del 24/06/1998 (efficacy: 09/07/1998) EURO law Art. 4. About amounts in lire included in the law in force ..... 2. From the 1° January 2002 the article 2327 of the civil code is substitute as follow: «La società per azioni…». 3. The comma 2 is applicable since 1° January 1999 for the capital society

  20. Modification in the future Efficacy_date= 09/07/1998 CASE 3) Dlgs n. 213 del 24/06/1998 (efficacy: 09/07/1998) EURO law Art. 4. About amounts in lire included in the law in force ..... 2. From the 1° January 2002 the article 2327 of the civil code is substitute as follow: «La società per azioni…». 3. The comma 2 is applicable since 1° January 1999 for the capital society Efficacy_date= 1/1/2002

  21. Modification in the future Efficacy_date= 09/07/1998 CASE 4) Dlgs n. 213 del 24/06/1998 (efficacy: 09/07/1998) EURO law Art. 4. About amounts in lire included in the law in force ..... 4. From the 1° January 1999 the second comma of the article 2435 of the civil code is substitute as follow: «Il bilancio pubblicato in lire può essere pubblicato anche in euro al tasso fisso di conversione». From the 1° January 2002 the second comma of the article 2435 of the civil code is repealed.

  22. modification in the future CASE 4) Dlgs n. 213 del 24/06/1998 (efficacy: 09/07/1998) EURO law Art. 4. About amounts in lire included in the law in force ..... 4. From the 1° January 1999 the second comma of the article 2435 of the civil code is substitute as follow: «Il bilancio pubblicato in lire può essere pubblicato anche in euro al tasso fisso di conversione». From the 1° January 2002 the second comma of the article 2435 of the civil code is repealed. Efficacy_date= 1 Jan 1999 Efficacy_date= 1 Jan 2002

  23. modification in the future judge QUERY: give me all the provisions efficacy in 1998 CASE 4) Dlgs n. 213 del 24/06/1998 (efficacy: 09/07/1998) EURO law Art. 4. About amounts in lire included in the law in force ..... 4. (omissis)

  24. modification in the future CASE 4) Dlgs n. 213 del 24/06/1998 (efficacy: 09/07/1998) EURO law Art. 4. About amounts in lire included in the law in force ..... 4. From the 1° January 1999 the second comma of the article 2435 of the civil code is substitute as follow: «Il bilancio pubblicato in lire può essere pubblicato anche in euro al tasso fisso di conversione». From the 1° January 2002 the second comma of the article 2435 of the civil code is repealed. Efficacy_date= 09/07/1998c App_Mod= 1 Jan 1999 App_Mod= 1 Jan 2002

  25. Times on the modification norm in the furure judge QUERY: give me all the provisions efficacy in 1998 CASE 4) Dlgs n. 213 del 24/06/1998 (efficacy: 09/07/1998) EURO law Art. 4. About amounts in lire included in the law in force 4. From the 1° January 1999 the second comma of the article 2435 of the civil code is substitute as follow: «Il bilancio pubblicato in lire può essere pubblicato anche in euro al tasso fisso di conversione». From the 1° January 2002 the second comma of the article 2435 of the civil code is repealed.

  26. Taxonomy of modifications abrogation Modification of the text substitution integration relocation meaning change interpretation Norm Modifications mods temporal conditions Modification of the norm range derogation extension Modification of the time Changes of validity Changes of efficacy

  27. Taxonomy of modifications Modification of the time Changes of validity • a) Limitation of validity • invalid norms • b) Extension of validity • prorogue norms • recover norms Changes of efficacy • a) Limitation of efficacy • suspend norms • b) Extension of efficacy • postpone efficacy • retroactivity • extra-activity

  28. Taxonomy of modifications delegation conversion of UE LAW conversion of international LAW errata corrige etc. Normative System Modifications

  29. Attributes of the modification • start_norm - Active norm: the position where the link starts • arrival_norm- Passive norm: the position where the link arrives • type - Type of Action: the type of action that link produces on the passive norm (abrogation, substitution, integration, etc.) • time_mod - Time of application of the mod: time in which the modification should be “activated” if it is different to the date of validity and efficacy • period_action - Period of Action: Start/End dates -these dates are attributes of the modification and represent the period of application of the modification (the end date should be ) • e.g. suspension: when was stopped and when will re-start the application of the law, the validity is not modified • e.g. retroactivation of the applicability

  30. Attributes of the modification • Conditions: text where to include the conditions of the modification if any • Domain: annotation when the modification is restricted or extended to some special cases • Status: active or frozen, this second case is used for the link included in quoted text. These modification is activated only when the part of the text is positioned inside of the destination

  31. Attributes of the normative references • Date of normative reference: • any link could be fixed in the time (fixed data) or to an event (in the future or in the past) or to a fact (judgment) • The reference date fix the normative link to the correct version fixed time • It is the case of the judge decision • It is the case of normative references to annexes fixed in a due time (table of drugs, of chemical material admissible for building schools, parameters of pollutions, etc.)

  32. Model of versioning • the Document is our minimal unit • Original Document • Original normative document • Modification Document • Normative original document that include modifications • Virtual Document • virtual document created by the system applying the modifications to the original document (recursive mechanism)

  33. Temporal Axis t0 t1 t2 ti ti+1 tn+1 tn Versioning Chain V0 V1 V2 Vi Vi+1 Vn-1 Vn …. …. Law in force Sequence of Modifications M0 M1 Mi Mn-1 …. …. Versioning Chain Virtual doc Original doc Modification doc

  34. HOW to produce e new version Temporal Axis t0 t1 t2 ti ti+1 tn+1 tn Versioning Chain V5 V0 V1 V2 V6 V7 …. …. Sequence of Modifications M0 M1 …. (t2, t5, t7) Mn-1 M1= “Art. 10 is abrogated in the 2004, art. 15 is substituted in 2005, art. 20 bis is inserted in 2006”

  35. WHEN to produce e new version Temporal Axis t0 t1 t2 ti ti+1 tn+1 tn urn urn@t5 urn@t7 urn@t6 urn@t2 Versioning Chain V5 V0 V1 V2 V6 V7 …. …. Sequence of Modifications M0 M1 …. Mn-1 (t2, t5, t7) when we have a set of modification with the same date We use the date of application of the modification for create the URN of the new version

  36. Elimination of redundant versions Temporal Axis t0 t1 t2 ti ti+1 tn+1 tn urn urn@t5 urn@t7 urn@t6 urn@t2 Versioning Chain V5 V0 V1 V2 V6 V7 …. …. Sequence of Modifications M0 M1 …. Mn-1 (t2, t5, t7) Trivial versions are collapsed to the first useful version able to preserve all the information Es: reflexive modification, derogation, extension, etc.

  37. Mono-versioning: pros & cons Pros: • More robust for maintaining coherent the three temporal axis: the intersection of too much events on the same fragment of text could create inconsistence due to the plenty of exception cases to programming • It is possible to interact with the single document of the versioning chain in case of error – separate a single step of the chain and correct it • It is possible to index (full text) directly the static version related to a particular time – in other case it is necessary a filter • We can manage very complex query mechanism such as query/answering system: which documents in force now were modified with a suspension in the time xxx?

  38. Mono-versioning: pros & cons Pros: • Correspondence with the legal drafting process: one word one document in the versioning chain • Static document could be processed by spider in the net without filter • Static document could be e-signed with digital signature • This mechanism can produce static version of the future document - simulation • Performance and computation (polynomial) • DOM resources

  39. Mono-versioning: cons Cons: • Too verbose • Redundancy of the documents • Apparently more costly in term of resource

  40. Summary • Not all the modifications are instantaneously applied • We should have patience and wait for the events • Not afraid to use too much dates because the complexity of the system increase with less variables due to the overlapping of the concepts • Practitioners have less problem to mark-up with a clear distinctions of the times rather than a hybrid model that mix several concepts together • All the exceptions should be modelled for avoiding a extemporaneous approach from the practitioners • Three dates of acs : dies signum, dies edictis, dies coactu • Two dates for the norms: dies coactu, dies valens • Special date for modification: date of modification, interval of modification • Special date for normative reference: “date of interest” • Example of the output of the model

  41. In any case TAKE your time for the questions… thank you for your attention Monica Palmirani - palmirani@cirfid.unibo.it Raffaella Brighi - brighi@cirfid.unibo.it

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