Wetgevingsjurist; The Decline of Legislative Lawyers: A Troubling Trend in Governance
January 10, 2025
Traditionally, government institutions were heavily populated with legal professionals. However, this has changed. Either their presence has diminished, or we hear less about them. This shift is puzzling, considering legislation is one of the government’s core responsibilities and policy instruments. Legislative lawyers are crucial to ensuring that laws are well-crafted and effective.
One would expect every ministry to employ at least one or more legislative lawyers. Surprisingly, this is not the case. Instead, these professionals are predominantly concentrated within the Ministry of General Affairs. The most logical explanation is scarcity. The country’s legislative output is relatively low. However, some key laws have been approved in recent years, such as the Law on Gambling (LOK), general pensions, the ban on plastic, and the revised property tax legislation.
However, passing a law is only part of the process. A law only takes effect after publication. For instance, the LOK was promptly published, but the property tax revision has been awaiting publication for years. This underscores the importance of legislative lawyers, whose expertise is in short supply.
Efforts have been made to address this scarcity. There has been collaboration with the Netherlands for years, and even a specialized training program for legislative lawyers has been introduced. While universities consistently produce law graduates, not all are equipped to draft legislation. It is often said that lawyers earn better salaries in the private sector. Others claim that drafting legislation requires a unique skill set or even innate talent.
I am skeptical of such assertions. It feels like an echo chamber where everyone repeats the same narrative. Nevertheless, the scarcity has led to private-sector lawyers drafting concept laws—a task traditionally reserved for government experts.
In this evolving landscape, one thing is clear: the role of legislative lawyers is transforming, thanks to artificial intelligence. AI can now draft a concept law in mere minutes. Of course, lawyers still need to guide and refine the process, both at the start and the finish. However, the nature of their work is changing, and the profession must adapt to this new reality.
The scarcity of legislative lawyers, the reliance on private-sector expertise, and the advent of AI should prompt a broader discussion about the future of lawmaking. Governments must recognize the need for skilled legal professionals and invest in their training while embracing AI's opportunities. The integrity of the legislative process—and, by extension, governance itself—depends on it.
Miguel Goede
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