Professor Helen Xanthaki

Contact details

Name:
Professor Helen Xanthaki
Qualifications:
LLB (Athens) - 1990; M. Jur (Dunelm) - 1993; PhD (Dunelm) - 2000
Position/Fellowship type:
Senior Associate Research Fellow
Fellowship term:
01-Jan-2016
Institute:
Institute of Advanced Legal Studies
Email address:
h.xanthaki@ucl.ac.uk
Website:
https://www.researchgate.net/profile/Helen_Xanthaki

Research Summary and Profile

Research interests:
Globalization & Development, Law, Local Government
Regions:
Africa, Asia, Australasia, Caribbean, England, Europe, Ireland, Middle East, North America, Scotland, South America, United Kingdom, Wales
Summary of research interests and expertise:

Legislative drafting, especially drafting in the common law, drafting in the civil law and drafting in the EU focusing on transposition, harmonisation and approximation; Law reform and law reform agencies; Comparative Law and Research Methods, especially legal transplants in the legislative process; EU law, especially EU Criminal Law. Recent books include the 2014 Hart monograph "Drafting Legislation: Art and Technology of Rules for Regulation"; the 2014 Routledge edited book "Enhancing Legislative Drafting in the Commonwealth: a Wealth of Innovation", and the 2013 5th Edition of Thornton's Legislative Drafting. Recent publications include articles published in The Theory and Practice of Legislation, the Statte Law Review, and the European Journal of Law Reform.

Consultancy services in the field of legislative drafting; law reform; approximation, harmonisation, transposition; EU criminal law. Recent research projects include the AHRC funded project on big data in legislation; and the evaluation of the Victims' Rights Directive and its transposition. Recent consultancies include services in Vietnam, Myanmar, Ethiopia, Rwanda.

Publication Details

Related publications/articles:

Date Details
01-Jul-2015 Modern Parliaments and Legislative Quality

Chapters

in EPIS Hellenic Parliament "Parliaments in a changing Europe: citizens and representative institutions in modern governance" 2014, Hellenic Parliament, Athens, 189-200

01-May-2015 Quality of Legislation: Focus on Smart EU and post-Smart Transposition

Articles

2 [2015] Theory and Practice of Legislation, 329-342

01-Oct-2014 Enhancing Legislative Drafting in the Commonwealth: A Wealth of Innovation

Edited Book

2014, Routledge, London

01-Sep-2014 Drafting Legislation: Art and Technology of Rules for Regulation

Monographs

2014, Hart Publishers, Oxford

01-Mar-2014 Helen Xanthaki, “EU Legislative quality post-Lisbon: the challenges of Smart Regulation”

Articles

[2014] 35 Statute Law Review 66-80

01-Dec-2013 Legislative drafting: The birth of a new sub-discipline of law

Articles

[2013] 1 IALS Student Review 57-70

30-Jun-2013 Helen Xanthaki, Legal transplants and comparative concepts: eclecticism defeated? [2013] Statute Law Review, forthcoming (together with Coen van Laer)

Articles

30-Jun-2013 Thornton’s Legislative Drafting

Edited Book

4th edition, 2013, Bloomsbury, London

08-Apr-2013 “Standards for legislation in Civil and Common Law Countries: features, practices, common ground”,

Conference papers

01-Apr-2013 “Scrutiny of legislative quality”, Workshop, 1 April 2013, Panteion University of Athens

Conference papers

22-Jan-2013 “Phronetic Legislative Drafting: the birth of a new theory for lawmaking”, Seminar, 22 January 2013, University of Stockholm

Conference papers

05-Dec-2012 “The Fallacy of the dichotomy between common and civil law systems”, International Conference on the English Legal System, 5-7 December 2012, Recife

Conference papers

05-Dec-2012 “The UK Constitution”, International Conference on the English Legal System, 5-7 December 2012, Recife

Conference papers

01-Nov-2012 Have regulatory reforms led to a reform of drafting styles?

Conference papers

10th IAL Conference, Veliky Novgorod, 28-29 June 2012

01-Nov-2012 Freedom, security and justice in the UK

Conference papers

Seminar UKAEL/IALS, IALS, 20 March 2012, London

01-Nov-2012 Helen Xanthaki, “The regulatory reform agenda and modern innovations in drafting style” in L. Mader (ed.), Regulatory Reform (2013, Nomos, Baden-Baden), forthcoming

Chapters

19-Oct-2012 “Government approaches to drafting: a comparative study of the EU”, Workshop, ILA, Berlin 19-21 October 2012

Conference papers

01-Jan-2012 United Kingdom

Chapters

J. Laffranque (ed.), The Area of Freedom, Security and Justice, Including Information Society Issues (2012, Tartu University Press, Tallinn), pp.654-681 (to-gether with Maria Gaitanidou)

01-Jan-2012 Technical considerations in harmonization and approximation: Legislative drafting techniques for full transposition

Chapters

in M. Andenas (ed.), Theory and Practice of Harmonisation (2012, Edward Elgar Publishing, London), pp.536-550

01-Jan-2012 “EU criminal law in the UK”, FIDE Conference, Talinn

Conference papers

01-Nov-2011 “Legislative drafting and governance”, Workshop “Legislation”, General National Assembly of Turkey, Small Hall, 21-22 February 2011

Conference papers

01-Jan-2011 “Criminal Registers – ECRIS”, Seminar “From E-Justice to European e-Justice: Electronic Technology in the Justice Sector in the European Union”, European Centre for Judges and Lawyers/Centre européen de la Magistrature et des professions juridiques, European Institute for Public Administration, 28-29 March 2011, Luxembourg

Conference papers

01-Jan-2011 “Quality of legislation: an achievable universal concept or a utopian pursuit?” in Marta Travares Almeida (ed.), Quality of Legislation (2011, Nomos, Baden-Baden), pp.75-85

Chapters

01-Jan-2011 “Editorial: Legislative Drafting: Can we learn from each other?” [2011] The Common-wealth Law Bulletin, forthcoming

Journal articles

01-Jan-2011 “Duncan Berry: A true visionary of training in legislative drafting” [2011] The Loophole, pp.18-26

Journal articles

01-Jan-2011 “OLAF at the crossroads of maturity: time for power and independence” [2011] Revue de marché commun de l’ union européenne, forthcoming (together

Journal articles

01-Jan-2011 OLAF: Fraud and the EU

Monographs

2011, Hart Publishers, Oxford (together with Constantin Stefanou and Simone White)

01-Jan-2011 Technical considerations in harmonization and approximation: Legislative drafting techniques for full transposition? International Journal of the Legal Profession. Special Issue. Edward Elgar Publishing, London 2011)

Chapters

.

01-Jul-2010 Mutual recognition in criminal matters in Cyprus

Amicus Curiae

01-Jan-2010 Mutual recognition in criminal matters in Cyprus

European Journal of Law Reform

01-Jan-2010 What is EU fraud? And can OLAF really combat it?

Journal of Financial Crime

01-Jan-2010 OLAF at the crossroads of maturity: time for power and independence

Revue de marché commun de l’ union européenne

01-Jan-2010 Drafting manuals and quality in legislation: positive contribution towards certainty in the law or impediment to the necessity for dynamism of rules?”

Legisprudence

01-Jan-2010 “Drafting manuals and quality in legislation: positive contribution towards certainty in the law or impediment to the necessity for dynamism of rules?” [2010] 4 Legisprudence, pp.111-128

Journal articles

01-Jan-2010 The Principle of the Effective Protection of the Individual in EC Law and the Dialectic of European Integration Theory

[1999] 50 Northern Ireland Legal Quarterly, pp.213-233

01-Jan-2010 D. Greenberg (ed.), Jowett’s Legal Dictionary

Sweet and Maxwell

01-Jan-2010 “Law Drafting Techniques – The Theory”, Seminar “EU approximation for Croatian judges and civil servants”, 7-8 October 2010, European Institute for Public Administration, Luxembourg

Conference papers

01-Jan-2010 “Law Drafting Techniques – The Practice”, Seminar “EU approximation for Croatian judges and civil servants”, 7-8 October 2010, European Institute for Public Administration, Luxembourg

Conference papers

01-Jan-2010 “Legislative quality as shared responsibility”, Workshop “Legal implications of better regulation”, Uni-versity of Antwerp, Antwerp, 26 February 2010

Conference papers

01-Jan-2010 "Legislative drafting and legislative simplification in the UK experience", University of Pisa, 11 Febru-ary 2010

Conference papers

01-Jan-2009 “Legislative drafting styles: is there REALLY a common v civil law divide?”, Styles of Legislation, European Academy for Law and Legislation, Peace Palace, The Hague, 17-18 December 2009

Conference papers

Legislative Drafting: Can we learn from each other

Articles

[2011] The Commonwealth Law Bulletin, forthcoming

Legislative drafting: The birth of a new sub-discipline of law

Articles

[2013] 1 IALS Student Review 57-70

Publications available on SAS-space

Additional Publications

Publications available in Senate House Libraries

Consultancy reports:

Date Details
2013 The future of Home Affairs policy under the prism of legislative quality

Consultation DG HOME

2012 Study on the financial and other impacts of a measure regard-ing the exchange of information between Member States on convictions handed down on the territory of the European Union, relating to third country nationals

Impact Assessment Expert in the “Study on the financial and other impacts of a measure regard-ing the exchange of information between Member States on convictions handed down on the territory of the European Union, relating to third country nationals”, European Commission DG Justice, GHK Consulting, 2012

2) Expert in the Multiple Framework Service contract CDR/DE/95/2011: Constitutional Affairs, Multilevel governance and Devolution, 2012

2)   Expert in the Multiple Framework Service contract CDR/DE/95/2011: Constitutional Affairs, Multilevel governance and Devolution, 2012

Expert in the Committee of the Regions consultancy multiple framework contract on the “Area of Freedom, Security and Justice”, CDR/ETU/52/2011, 2012

Expert in the Committee of the Regions consultancy multiple framework contract on the “Area of Freedom, Security and Justice”, CDR/ETU/52/2011, 2012

“Protecting victims rights in the EU; an aid to the implementation of the European Directive es-ablishing minimum standards on the rights, support and protection of victims of crime

3 December 2012; duration: 18 months (end date is 2nd June 2014). Amount: €200,000
Title: “Protecting victims rights in the EU; an aid to the implementation of the European Directive es-tablishing minimum standards on the rights, support and protection of victims of crime
Together with: The Centre for European Constitutional Law – Themistokles & Dimitris Tsatsos Foun-dation
 

Government/policy work:

Date Details
2015 Drafting Consultant

Law on Legal Aid, Rule of Law MP Group, Myanmar People's Parliament and Myanmar National Parliament, February 2015

2015 Short Term Expert 1

EU-Vietnam Strategic Dialogue Facility, 8-17 July 2015

2014 Short Term Expert 1

EU-Vietnam Strategic Dialogue Facility, 1-7 February 2014

2014 Drafting Consultant

International Bar Association's Human Rights Institute, Naypidaw, Myanmar, 27-31 October 2014

2013 Trainer at Course in Legislative Drafting, Justice Organs Professionals Training Centre, Addis Ab-aba Ethiopia, 28-30 January 2013

2013 The future of Home Affairs policy under the prism of legislative quality’, Consultation DG HOME

http://ec.europa.eu/dgs/home-affairs/what-is-new/public-consultation/2013/ consulting_0027_en.htm

2013 Focus on Legislative Drafting

Written Evidence, House of Lords’ Select Committee on the EU, Sub-Committee F (Home Affairs, Health and Education) on ‘The EU’s five year agenda for EU justice and home affairs activity (2015-2019),

2012 External Assessor at the Appointment Panel of TEI Larisas (2012)

2012 External Assessor at the Appointment Panel of TEI Krhths (2012)

External Assessor at the Appointment Panel of TEI Krhths (2012)

2012 External Assessor at the Appointment Panel of TEI Krhths (2012)

External Assessor at the Appointment Panel of TEI Krhths (2012)

2011 “Implementation of EU legislation” Oral Evidence, Public Hearing at the Legal Affairs Committee of the European Parliament “Better Regulation” Hearing, Brussels, 21 June 2011

2011 2) Short term expert in legislative drafting, Business Environment Simplification Programme Europe-Aid/126704/C/SER/SY, Damascus, Syria, 3 July until 4 August 2010

2010 3) Short term expert in legislative drafting on EIPA and EAAL training programme for MoJ drafters from Albania, Serbia, Kossovo, FYROM, Montenegor, Croatia, Skopje 25-29 January 2010

2010 4) Short term expert in the field of legislative drafting on the Matra Project “Participation of non-governmental organizations in the legislative process” EALL and TGNA programme, General Na-tional Assembly of the Turkish Republic, Ankara 15 April 2010

2010 5) Short term expert in the field of legislative drafting on EIPA and EAAL training programme for MoJ drafters from Albania, Serbia, Kossovo, FYROM, Montenegor, Croatia, Zagreb 25-28 May and 8-10 June 2010

2010 6) Short term expert in the field of legislative drafting on EIPA programme for MoJ drafters from Croatia, Luxembourg 8 October 2010

2010 Greek expert in the 2010 “Study on possible developments of Community legislation in the field of electoral matters including possible modification of Directive 93/109/EC”, Instituto Europeo de Derecho, 2009-2010

2010 8) Expert on Cyprus in the 2010 “Study on possible developments of Community legislation in the field of electoral matters including possible modification of Directive 93/109/EC”, Instituto Europeo de Derecho, 2009-2010

2010 Helen Xanthaki, “Report on Greece” (2010), “Study on possible developments of Community legislation in the field of electoral matters including possible modification of Directive E 93/109/EC”, Instituto Europeo de Derecho

2010 “Legislative Studies: Theory and Hands-on Training for the Modern Legislator”, Workshop “Seminar on Academy for Legislation”, General National Assembly of Turkey, Small Hall, 15 - 16 April 2010

2007 Written Evidence, House of Commons Home Affairs Committee, “Justice and Home Affairs issues at European Union Level”, 3rd Report of session 2006-2007, HC76-I, 5 June 2007, p.Ev 173 (together with Constantin Stefanou)

2006 “National and Horizontal Study towards the Compatibility of Rules on Civil Procedural Matters – Euro-Action: Final Report – Proposals, European Commission Grotius Civil Programme Study (together with Constantin Stefanou)

2005 Response of the Hellenic Republic to the European Commission’s Draft Hague Programme, Ministry of Justice of the Hellenic Republic (member of the three member team appointed by the Minister)

2005 Written Submission, House of Lords, European Union Committee, 10th Report of Session 2004-5, The Hague Programme: a five year agenda for EU justice and home affairs

Minutes of Evidence taken before the European Union Committee (Sub-Committee E) 26 January 2005, pp.54-55

2005 "Strengthening OLAF" towards greater effectiveness in the protection of the Communities’ financial interests: the revision of the OLAF regulation 1073/99 "

Interim Presentation on "The Revision of the Regulation on the European Anti-Fraud Office", European Parliament’s Committee on Budgetary Control (COCOBU), European Parliament, April 2005, Brussels (together with Constantin Stefanou)

2005 "Strengthening OLAF" towards greater effectiveness in the protection of the Communities’ financial interests: the revision of the OLAF regulation 1073/99 "

Hearing on "The Revision of the Regulation on the European Anti-Fraud Office", European Parliament’s Committee on Budgetary Control (COCOBU), European Parliament, Room ASP 3G2 ("Salle d'écoute" ASP 5G3) 12-13 July 2005, Brussels (together with Constantin Stefanou)

2005 "Strengthening OLAF" towards greater effectiveness in the protection of the Communities’ financial interests: the revision of the OLAF regulation 1073/99 "

Hearing on "The Revision of the Regulation on the European Anti-Fraud Office", European Parliament’s Committee on Budgetary Control (COCOBU), European Parliament, Room ASP 3G2 ("Salle d'écoute" ASP 5G3) 12-13 July 2005, Brussels (together with Constantin Stefanou)

Study on the financial and other impacts of a measure regard-ing the exchange of information between Member States on convictions handed down on the territory of the European Union, relating to third country nationals

Impact Assessment Expert in the “Study on the financial and other impacts of a measure regard-ing the exchange of information between Member States on convictions handed down on the territory of the European Union, relating to third country nationals”, European Commission DG Justice, GHK Consulting, 2012

External Examiner, Law School, University of Westminster (2008-2013)

External Examiner, Law School, University of Westminster (2008-2013)

External Examiner, Law School, University of Manchester (2012-2016)

External Examiner, Law School, University of Manchester (2012-2016)

Member of the Editorial Board, Jurisprudence (since 2012

Member of the Editorial Board, Jurisprudence (since 2012

Transposition and policy/law formulation for implementation as part of the European integration process: a hands-on practical approach to legal harmonisation"

EU delegation and Office of National Assembly workshop Da Nang 16-17 July 2015

Drafting Consultant

International Bar Association's Human Rights Institute, Naypidaw, Myanmar, 27-31 October 2014

Research Projects & Supervisions

Research projects:

Details
1) Protecting victims rights in the EU; an aid to the implementation of the European Directive establishing minimum standards on the rights, support and protection of victims of crime

Date: 3 December 2012; duration: 18 months (end date is 2nd June 2014). Amount: €200,000
Title: “Protecting victims rights in the EU; an aid to the implementation of the European Directive es-tablishing minimum standards on the rights, support and protection of victims of crime
Together with: The Centre for European Constitutional Law – Themistokles & Dimitris Tsatsos Foun-dation
 

Big Data in legislation

Date: 6 January 2014; duration: 15 months. Amount: £550,000 Title: “Big Data in legislation” Funding body: AHRC Role: Co-Investigator [my FTE equivalent 15 hours per week] Together with: Led by the National Archives; with participation from the Office of Parliamentary Counsel; IALS; University of Cambridge; Commercial law publishers etc.

Summer School in Stockholm on Theory and Practice of Legislation

Date: 8-22 August 2014; Title: Summer School in Stockholm on Theory and Practice of Legislation. Amount €65,000 Led by the University of Stockholm with participation from IALS, Groningen, Antwerp, LUISS, and Panteion University of Athens

Training Nepalese drafters in legislative drafting and drafting international treaties

Date: 15 May 2014; duration: 1 week. Amount: £10,000 Title: “Training Nepalese drafters in legislative drafting and drafting international treaties” - UNDP/RFQ/036/2014 Funding body: UNDP Role: Leading Trainer Together with: Dr. Constantin Stefanou

Winter School on Parliaments and Legislation

Date: 6-20 January 2014; Title: Winter School on Parliaments and Legislation. Amount €40,506.60 Led by LUISS University Rome with participation from IALS, Hull University, University of Za-ragoza, and Science Po Bordeaux

Current PhD topics supervised:

Dates Details
From:
Until:
Effectiveness of Legislation for Successful Regional Integration: A Comparative Analysis of the European Union and the East African Community

Current

From:
Until:
Legislative drafting and the rule of law

Legislative drafting and the rule of law

From:
Until:
Legal Transplants and drafting in Bermuda

Legal Transplants and drafting in Bermuda

Relevant Events

Related events:

Date Details
16-Jul-2015 Practices in EU legal harmonisation

Da Nang

02-Jul-2015 Delegated Legislation

Annual International Conference on Legislative Drafting and Law Reform, World Bank Headquarters, Washington DC

17-Jun-2015 Interpretation and legislative drafting

Roundtable on issues of legal interpretation

28-May-2015 Legislative quality and the parliamentary agenda

University of Athens Law School

21-May-2015 The Victims Rights Directive: What lessons for good EU criminal legislation?

EU Criminal Law Conference, Limerick

21-May-2015 The Victims Rights Directive: What lessons for good EU criminal legislation?

EU Criminal Law Conference, Limerick

21-May-2015 The Victims Rights Directive: What lessons for good EU criminal legislation?

EU Criminal Law Conference, Limerick

25-Mar-2015 A layered approach as a means of legislative easification

IALS-Clarity conference

12-Mar-2015 Crowdsourcing in legislation: a negative view

IAL Bi-annual conference, Stockholm

02-Nov-2014 Is plain language enough for approachable legislation?

IALS Plain Language Workshop

19-Sep-2014 Innovations in legislative drafting in the UK

IAL-KRLI Conference

23-Jun-2014 The SWD Legislative Drafting Clinic: supporting training in legislative drafting via clinical edu-cation

[with R Cormacain), Hart Workshop on Legal Education, 23-24 June 2014, IALS.

17-Jan-2014 The Contribution of Parliamentary Scrutiny to Legislative Quality

Winter School, 17 January 2014, LUISS University, Rome

17-Oct-2013 Phronetic Legislative Drafting: liberating for the drafter, easy for the reader

Workshop on Quality of EU Legislation, 17 October 2013, Dutch Academy of Legislation, The Hague

09-Apr-2013 Standards for legislation in Civil and Common Law Countries: features, practices, common ground

Workshop on Common quality standards for legislation in different legal traditions as an inspiration for legal reform, 9 April 2013, Cape Town

01-Apr-2013 Scrutiny of legislative quality

Workshop, 1 April 2013, Panteion University of Athens

22-Jan-2013 Phronetic Legislative Drafting: the birth of a new theory for lawmaking

Seminar, 22 January 2013, University of Stockholm

05-Dec-2012 The Fallacy of the dichotomy between common and civil law systems

International Conference on the English Legal System, 5-7 December 2012, Recife

19-Oct-2012 Government approaches to drafting: a comparative study of the EU

Workshop, ILA, Berlin 19-21 October 2012

28-Jun-2012 Have regulatory reforms led to a reform of drafting styles?

10th IAL Conference, Veliky Nov-gorod, 28-29 June 2012

01-May-2012 EU criminal law in the UK

FIDE Conference 2012, Talinn

20-Mar-2012 Freedom, security and justice in the UK

Seminar UKAEL/IALS, IALS, 20 March 2012, London

28-Mar-2011 Criminal Registers – ECRIS

Seminar “From E-Justice to European e-Justice: Electronic Technology in the Justice Sector in the European Union”, European Centre for Judges and Lawyers/Centre européen de la Magistrature et des professions juridiques, European Institute for Public Administration, 28-29 March 2011, Luxembourg

21-Feb-2011 Legislative drafting and governance

Workshop “Legislation”, General National Assembly of Turkey, Small Hall, 21-22 February 2011

08-Oct-2010 Law Drafting Techniques – The Practice

Seminar “EU approximation for Croatian judges and civil servants”, 7-8 October 2010, European Institute for Public Administration, Luxembourg

07-Oct-2010 Law Drafting Techniques – The Theory

Seminar “EU approximation for Croatian judges and civil servants”, 7-8 October 2010, European Institute for Public Administration, Luxembourg

15-Apr-2010 Legislative Studies: Theory and Hands-on Training for the Modern Legislator

Workshop “Seminar on Academy for Legislation”, General National Assembly of Turkey, Small Hall, 15 - 16 April 2010

26-Feb-2010 Legislative quality as shared responsibility

Workshop “Legal implications of better regula-tion”, University of Antwerp, Antwerp, 26 February 2010

01-Jan-2010 Keynote speaker at conference

"Legislative drafting and legislative simplification in the UK experience", University of Pisa

01-Jan-2010 Participant in closed workshop of experts at EU level

“Legislative quality as shared responsibility”, Workshop “Legal implications of better regulation”, University of Antwerp, Antwerp

01-Jan-2010 Invitation to address the Turkish National Assembly

“Legislative Studies: Theory and Hands-on Training for the Modern Legislator”, Workshop “Seminar on Academy for Legislation”, General National Assembly of Turkey, Small Hall

01-Jan-2009 Speaker at conference

“Can OLAF really fight fraud in Europe?” Fighting Financial Crime in Europe: Practical Aspects of European Criminal Law, University of Cambridge

01-Jan-2009 Keynote speaker at conference

“Legislative drafting styles: is there REALLY a common v civil law divide?”, Styles of Legislation, European Academy for Law and Legislation, Peace Palace, The Hague

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