L'INCORPORATION PAR RENVOI DANS L'EXERCICE DU POUVOIR REGLEMENTAIRE A L'ECHELON FEDERAL
AbstractThis article highlights various aspects of the technique of incorporation by reference, as used in the context of federal regulations. The technique itself, its temporal character and its effects, the applicability, to the referenced text, of the procedural requirements to which the referring regulations are subject, and the effects of the rule of law on the enforceability of the legal rules established by incorporation by reference. The authors conclude that incorporation by reference is of most benefit where the referenced extrinsic document is accessible in both official languages. Where the document is not bilingually accessible, and even though procedural requirements do not apply to the extrinsic document referred to in the regulatory provision, this provision could be judged unenforceable in respect of certain individuals.
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