1 / 14

International trends in regulation and practice of public participation Tina Divjak

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.

charleshoward
Télécharger la présentation

International trends in regulation and practice of public participation Tina Divjak

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. International trends in regulation and practice of public participationTina Divjak

  2. Comparative analysis of standards and practices in 22 states of the EU and wider region: http://www.cnvos.si/article?path=/aktualno/news

  3. Measures aimed at strengthening public participation Thetrend is a wholesome approach in three directions: • regulation/standard-development • strengthening of the culture of participation on all three levels: administrative, politicaland among the public • Development of e-tools (unifiedwebsites etc.)

  4. Regulation • How – through which means (soft law/hard law = recommendations/regulation)? different approaches (old/new EU MS) • Duration of public consultations • Feedback information

  5. Legal regulation of consultations: Western EU None of the countries have legallybinding 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)

  6. 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

  7. 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)

  8. 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

  9. 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!

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

  11. 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?

  12. 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

  13. 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)

  14. Thank you for your attention! tina.divjak@cnvos.si info@cnvos.si

More Related