International trends in regulation and practice of public participation

Tina Divjak

Comparative analysis of standards and practices in 22 states of the EU and wider

region: 

http://www.cnvos.si/article?path=/aktualno/news

Measures aimed at strengthening public participation

The trend is a wholesome approach in three directions:

- regulation/standard-development- strengthening of the culture of participation on all

three levels: administrative, political and among the public

- Development of e-tools (unified websites etc.)

Regulation

- How – through which means (soft law/hard law = recommendations/regulation)? different approaches (old/new EU MS)

- Duration of public consultations- Feedback information

Legal regulation of consultations: Western EU

None of the countries have legally binding regulations:• United Kingdom: standards or participation are defined in

Consultation Principles: Guidance (2012)• France: Guide for Drafting Legislation and Regulations

(2004)• Flanders: Code of consultations (2012)• Finland: Consultation in Legislative Drafting: Guidelines

(2005)

Legal regulation of consultations: Eastern EU

• Hungary, Lithuania, Romania, Bulgaria and (partially) Croatia -> special legislation

• Estonia: Rules for Good Legislative Practice and Legislative Drafting

• Czech Republic: Rules of Procedure of the Government Legislative Council

• Poland: Council of Ministers Act• Moldova: The Law on Transparency in the Decision-

Making Process

Legal regulation of consultations: Western Balkans

• Montenegro: Decree on the Manner and Procedure of Implementation of Public Consultations in Preparation of Laws

• Macedonia, Serbia, Slovenia: Rules of Procedure of the Government

• Bosna and Herzegovina: Regulation on consultations and legislative drafting (2012)

Duration of public consulations

Various practices - from 10 days to 12 weeks:• Hungary, Lithuania, France, Australia, Ireland: no deadlines• Romania and Macedonia: 10 days• Bulgaria: 14 days• Estonia: 4 weeks• Finland: 8 weeks• United Kingdom: 12 weeks (for demanding legislation) • Serbia: 20 days• Montenegro: 40 days• BiH: 21 days (Federation BiH: 10 days)• Croatia: 30 days• Slovenia: 30-60 days

Feedback information/feedback reports

Not required in e.g. Lithuania, Bulgaria and Germany.

Most other countries have an obligation or at least a recommendation to prepare feedback reports after the conclusion of consultations (combined or individual reports).

However, the most common breach of the rules of the game occurs precisely when it comes to provision of feedback information!

Croatia – feedback report on consultations on the Life Partnership Act (237 pages)

Ordinal Number

Name of stakeholder(individual, organisation, institution)

Article referred to in the comment/proposal

Text of the comment/proposal Reason for acceptance/rejection of the comment or proposal

2. TAMARA MEMED Article 7, Sentence 1. Why would this community only refer to two people of the same sex. I believe that in the spirit of non-discrimination that phrase should be omitted, especially because transgender persons could be concerned.

NOT ACCEPTED because the provisions of this Act only concern persons of the same sex

Article 45. Sentence 1. I believe that in a case, when a child lives in a household with one parent and his partner, and the parent dies, his life partner should automatically become the guardian of the child, while the other parent (who has not been living with the child), would have the possibility to request custody at court. This would benefit the child, who would not have to, in addition to losing a parent, also suffer additional trauma because of moving to a new living environment.

NOT ACCEPTED because in an identical situation, neither a stepmother nor stepfather would automatically gain the custody of the child.

Forms of consulations

• Consultations are increasingly moving online.• This causes the risk of them turning into an expert dialogue.• This is why Montenegro, for example, decided that at least

one (1) event of consultations requiring physical presence in necessary, in addition to online consultations

• Best results are given by a combination of methods (there is no universal method, which would fit all!)

• Almost all included countries mention (in law or guidelines) different methods for consultations Implementation?

Best practice: French Law on measures for sustainable development (Grenelle 1;

2007)• Phase 1: 6 working groups, 40 members - 8

from each of the 5 groups of stakeholders: the government, local governments, NGO’s, employers and employees

• Phase 2: 17 regional consultations (17.000 participants) and e-consultations in the duration of 3 weeks (72.000 visits, 11.000 comments and suggestions)

• Phase 3: 4 national panel discussions

Best practice: the use of a citizens’ jury for the development of traffic calming

measures in Graz, Austria (2002)• Phase 1:

– (informing the public) Informative consultation for residents of Obere Neutergasse, where the process plan was presented

– (consulting the pubic) Several goal workshops for different groups (residents, business-owners, etc.) -> development of measures

• Phase 2: Citizens’ jury (partnerhip with the public)– Random (computer generated) selection of 65 residents

of Graz– 2,5 days of work (with the help of a team of experts)

Thank you for your attention!

tina.divjak@cnvos.si

info@cnvos.si