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

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

Kobæk Strand, SkælskørSeptember 22-24 2004

University of Bologna

Monica Palmirani and Raffaella Brighi

C.I.R.S.F.I.DUniversity of BolognaResearch Centre of History of Law, Philosophy and Sociology of Law, Computer Science and Law

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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)

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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.

n2

nj

n3n1

LS

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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?

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Normative system

Legal system

Temporal Axis

t0 tnti ti+1 tn+1t1 t2

….LS0 LS1 LS2 LSi LSi+1 LSn-1 LSn….

M0 M1 Mi Mn-1…. ….

Set of Modifications

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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

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Dates in the normative act

Delivery_date Public_date Force_date

Usually un month

Vacatio legis

Usually 15 daysUsually un month

Existence_date

Now the act is a law

Usually Force_date Publication_datebut for sure Force_date of Delivery_date

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Static Dates in the normative actPROCEDURE TIME

Date Definition

Existence date – Ex_date Date of the parliament procedure closing

Delivery date – Del_date Date of signature of the act

Publication date – Pub_Date Date of the bulletin

Others publication dates – RePub_Date

Date of the bulletin

FIRST enter in force date – Force_Date

Interpretation – this an original enter in force

of the original act

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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

Pub_D Force_D Efficacy_D

Vacatio legis Post pone the efficacy

Interval of force

Interval of efficacy

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Relationship between force_date and efficacy_date

Force_D =Efficacy_D=[t1, tn]

t1 tn

CASE 1) NORMAL CASE

Force_D = =[t1, tn] Efficacy_D=[t2, tn]

t1 tn

CASE 2) POSTICIPATION of EFFICACY

t2

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t1

CASE 3) RETROACTIVE NORMForce_D = [t1, tn]

Efficacy_D = [t-1,tn]t-1 tn

t1 tn+1

Force_D = [t1, tn]

Efficacy_D = [t1,tn+1]tn

CASE 4) ULTRACTIVE NORM

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Force_D = [t1, tn] Efficacy_D = [t1,t2]+[t3,t4]

t1 tn

CASE 5) SUSPENSION

No efficacy - suspension

t2 t3

Force_D = Efficacy_D = [t1,t2]+[t3,t4]

t1 tn

CASE 6) REVIVIAL

No force No efficacy

t2 t3

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Revival case

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. 1Le disposizioni dell’art. 1, commi primo, secondo, terzo e

quarto, della legge regionale 12 febbraio 1980, n. 9, sono richiamate in vigore )

Efficacy_date= 09/07/1998

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Force_D = [0,0] Efficacy_D = [0,0]

t1 tn

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 !!

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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 NISWe can markup all the information useful for the judgeTime, case, location

area of applicability

TIME

LOCATION

CASE

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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

Art. 2Integrate

the art. 186 bis, law 196/2003

Art. 186 bis“xxxxxx”

modification

Norm of modificationDecree 24 December 2003, (GU n. 300 del 29 dicembre 2003)

Norm of modifiedLegislative Decree 30 June 2003, n. 196 (G.U. 29 luglio 2003, n. 174 )

F_d=yyyE_D=xxx

F_d=xxxE_D=jjj

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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. 13The Title II of the Regional Law Emilia-Romagna, n. 50

is suspended in the efficacy from the xxx to yyy

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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!!

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Modification in the future

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


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.....

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



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.....

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.


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modification in the future



.....




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.....

4. (omissis)

judge QUERY: give me all the provisions efficacy in 1998

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.....


Efficacy_date= 09/07/1998c

App_Mod= 1 Jan 1999

App_Mod= 1 Jan 2002

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Times on the modification norm in the furure




judge QUERY: give me all the provisions efficacy in 1998

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Taxonomy of modifications

NormModifications

Modification of the text

abrogation

integration

Modification of the norm

range

Modification of the time

substitution

relocationmeaning change

derogationextension

Changes of validity

Changesof efficacy

interpretation

mods temporal conditions

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Modification of the time

Changes of validity

Changesof efficacy

a) Limitation of validity• invalid norms

b) Extension of validity • prorogue norms• recover norms

a) Limitation of efficacy• suspend norms

b) Extension of efficacy • postpone efficacy• retroactivity• extra-activity

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Normative SystemModifications

delegation

conversion of international LAWconversion of UE LAW

errata corrigeetc.

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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

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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

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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.)

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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)

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Versioning Chain

VersioningChain

Temporal Axis


….V0 V1 V2 Vi Vi+1 Vn-1 Vn….

M0 M1 Mi Mn-1…. ….

Sequence of Modifications

Law in force

Original doc

Modification doc

Virtual doc

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HOW to produce e new version

VersioningChain

Temporal Axis


….V0 V1 V2V5 V7V6

….

M0 M1

Mn-1

….


(t2, t5, t7)

M1= “Art. 10 is abrogated in the 2004, art. 15 is substituted in 2005,

art. 20 bis is inserted in 2006”

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WHEN to produce e new version

VersioningChain

Temporal Axis


….V0 V1 V2V5 V7V6

….

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

urn@t2 urn@t5 urn@t6 urn@t7urn

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Elimination of redundant versions

VersioningChain

Temporal Axis


….V0 V1 V2V5 V7V6

….

M0 M1

Mn-1

….


(t2, t5, t7)

Trivial versions are collapsed to the first useful version able to preserve all the informationEs: reflexive modification, derogation, extension, etc.

urn@t2 urn@t5 urn@t6 urn@t7urn

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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?

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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

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Mono-versioning: cons

Cons:

Too verbose

Redundancy of the documents

Apparently more costly in term of resource

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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

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In any case

TAKE your time

for the questions…

thank you for your attention

Monica Palmirani - [email protected] Brighi - [email protected]

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

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