Teisėkūra ir teisės socialinis veiksmingumas

Abstract

The article analyses the concept of efficiency of law, including different aspects of efficiency, methods and preconditions to ensure efficient legislation. The difference is shown between efficiency of law and effectiveness of law – concepts that are usually mixed up in legal theory and sociology of law. Efficiency of law shows the degree of the results achieved through law, while effectiveness shows these results in relation to the input needed to achieve them. The article also explores the relation between efficiency and legitimacy of law. The conclusion is drawn that efficiency is not and ought not to serve as a ultimate criterion of legitimacy, but as a matter of fact plays very important role in determining whether a set of rules may be called law.
The article also shows problems, which may have negative effects on the efficiency of law. These problems contrary to the popular belief are related mostly not to the realization of existing legal rules, but with the formation of these rules. In order to ensure efficiency of law the most important task is to evaluate both proposed rules and the manner in how these rules are brought to legislation. The conclusion is drawn that the system of legislation in Lithuania is equipped with basic necessary tools to evaluate efficiency of draft legislation, but attention has to be focused on further development and implementation of these methods. The focus of these efforts shall be the evaluation of the consequences of proposed draft rules, not the legislation procedures and techniques of law drafting.