The Role of National Human Rights Institutions in Post-Legislative Scrutiny

Abstract

This paper explores the role of national human rights institutions (NHRIs) in Post-Legislative Scrutiny (PLS), a topic which has been notably neglected in existing literature. The present research demonstrates that (1) legislative review is actually part of NHRIs’ mandate, and (2) the applicable international standards (e.g. Belgrade and Paris Principles) provide for their actorness in all stages of legislative process. Main hypothesis is that NHRIs have already been conducting activities most relevant for PLS, even though they have not often been labelled as such by parliaments or scholars. In other words, we argue that their de facto role in PLS has already been well established through their practice, despite the lack of de jure recognition by parliamentary procedures. We support this thesis by providing empirical evidence from national practices to show NHRIs’ relevance for PLS of both primary and secondary legislation. The central part of this paper concentrates on the potential of NHRIs to act as (1) triggers for PLS, and (2) stakeholders in PLS that has already been initiated. The paper concludes with a summary of the results, lessons learned, their theoretical and practical implications and the avenues for further research.