Since the promulgation of the 2011 Constitution and the numerous texts that accompanied its implementation and given the multiplicity of public policies requiring the adoption of new standards for their implementation, the field of competence of the Secretariat General of the Government (SGG) has expanded significantly and its needs in 'good legislative drafting' have been expressed with acuity.
In this respect, and as part of its ongoing training programmes, the department has formulated a specific request to strengthen the skills of its executives in the drafting of administrative notes of a legal nature, through the mastery of legal reasoning and argumentation methods.
This training will enable decision-makers to make judicious policy choices and to produce quality normative output.
This seminar is a response to the success of the previous session supported by the KAS and from which three groups of advisers benefited in terms of strengthening their skills in the field of legal reasoning and argumentation.
II- General objective
To bring the executives of the General Secretariat of the Government to master the methods of legal reasoning and argumentation, in order to equip them to better draft an administrative note of a legal nature.
III-Specific objectives
At the end of this training, the participants should be able to
1-Distinguish the different notions and master the terminology used (reasoning, arguing, interpreting, legislation, legistics, etc.)
2-Know and use the different types of argumentation when writing the administrative note of a legal nature (motivation, syllogism, the slippery slope, inductive reasoning including argumentation a pari, a fortiori, a contrario, etc.)
3-Use in a relevant way the markers of argumentation (except if, even if, notwithstanding, under reserve, without prejudice, however, etc.)
4-Exploit a file in order to develop an argument to defend or refute a given position.
5-Draft an administrative note of a legal nature, documented and argued, using the above elements and respecting the classic rules of administrative formalism.
IV-The scope of the training
Insofar as it is not an ordinary administrative note but an administrative note of a legal nature, this qualification immediately places the training in the field of law, while respecting the classic rules of administrative formalism.
V- The methodology
The methodology used is essentially participatory and interactive. The role of the facilitator is to lead, coordinate and encourage the executives to participate, reason, refute and present their arguments based on law.
A six-hour framing course is planned, interspersed with short exercises to take pedagogical breaks and become familiar with the general theme.
The work will be done in groups on the basis of files prepared and distributed in advance by the facilitator. The participants will have to write a legal administrative note using the methods and tools provided during the framing phase.
This collective work will be the subject of presentations followed by a debate during which the participants will have to demonstrate their ability to reason, argue and legally defend their positions and to draft explanatory memorandum, government conclusions, etc.
