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PUBLIC COMMENT
PERIODS IN EUROPE
Legal Memorandum
July 2013
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PUBLIC COMMENT PERIODS IN EUROPE
Executive Summary
The purpose of this memorandum is to examine public comment or
consultation periods in European Union (EU) and prospective EU member states to
promote public participation in the legislative process. Though statutory basis,
procedure, and specific features vary among states, public consultation processes
serve an important role in promoting transparency and engaging civil society. This
memo examines procedural and substantive differences in the public comment
periods of seven states: the United Kingdom; Romania; Hungary; Switzerland;
Germany; Croatia; and Macedonia.
Romania, Switzerland, Germany, and Macedonia have mandatory public
comment periods, with the time allocated for submissions ranging from ten days tothree months. The Swiss and German constitutions guarantee a public right to
petition, or otherwise participate in the legislative process. In contrast, in Romania
and Macedonia, procedural rules provide the statutory basis for mandatory public
comment periods. All four states require a government response to public
submissions, though the comprehensiveness involved varies. The Romanian
government need only publish aggregate data in its annual report, while state
bodies in Germany and Macedonia must engage in more extensive feedback
processes.
Though public comment periods in the United Kingdom, Hungary, and
Croatia are optional, specific procedural rules still apply. The statutory basis for
consultation procedures in the United Kingdom and Croatia lies in the states
individual Codes of Practice. In Hungary, however, public comment processes are
based on more exacting laws, which govern the legislative process and the
transparency of electronic information. As in Romania, Switzerland, Germany,
and Macedonia, the time period for public comment varies. The UK provides a
12-week window, while Hungary and Croatia only allocate 15 days. Governments
commonly publish their responses online.
The scope of persons able to participate in consultation processes also varies
throughout Europe. In Romania, Hungary, and Germany, the general public is able
to submit comments and opinions on proposed legislation. However, the scope of
inclusion is narrower in the United Kingdom, Switzerland, and Macedonia, where
only interested parties may participate. In Croatia, all parties that might be
affected are broadly invited to comment.
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TABLE OF CONTENTS
Statement of Purpose 1
Introduction 1
International Standards on Public Participation in the Legislative Process 1
European Standards on Public Participation in the Legislative Process 3
Case Studies 5
The United Kingdom 5
Statutory Basis 6
Procedure 6
Specific Features 7Romania 8
Statutory Basis 8
Procedure 9
Specific Features 10
Hungary 10
Statutory Basis 10
Procedure 11
Specific Features 12
Switzerland 13
Statutory Basis 13
Procedure 13
Specific Features 14
Germany 15
Statutory Basis 15
Procedure 16
Specific Features 17
Croatia 17
Statutory Basis 17
Procedure 18Specific Features 19
Macedonia 19
Statutory Basis 20
Procedure 20
Specific Features 21
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Conclusion 22
Comparison Chart 23
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1
PUBLIC COMMENT PERIODS IN EUROPE
Statement of Purpose
The purpose of this memorandum is to examine public comment or
consultation periods in European Union (EU) and prospective EU member states to
promote public participation in the legislative process.
Introduction
Most states have implemented public comment or other consultation
processes that allow the public to provide feedback on proposed legislative or
regulatory initiatives. States have adopted a variety of practices for soliciting and
implementing these public perspectives, with laws and policies governing public
engagement differing primarily in terms of statutory basis, procedure, and specificfeatures.
This memo will provide a survey of mandatory and optional public comment
periods in Europe through an examination of processes in seven European states:
the United Kingdom; Romania; Hungary; Switzerland; Germany; Croatia; and
Macedonia. It will also compare procedural differences between those seven
states, along with Montenegro and Serbia.
International Standards on Public Participation in the Legislative Process
Since laws ultimately affect the public, the international community
recognizes public participation in the legislative process as an essential element of
democracy.1 Public participation allows for cross-sector dialogues and
transparency in the lawmaking process.2 Several international documents and
mechanisms have been implemented with the aim to increase public participation,
including the Aarhus Convention and the United Nations (UN) Non-Governmental
Liaison Service (NGLS). In addition, the World Bank has implemented public
participation policies for CSOs.
1Katerina Hadzi-Miceva-Evans, Comparative Overview of European Standards and Practices in Regulating PublicParticipation, EUROPEAN CENTER FORNOT-FOR-PROFIT LAW, 1, 3 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.2Katerina Hadzi-Miceva-Evans, Comparative Overview of European Standards and Practices in Regulating Public
Participation, EUROPEAN CENTER FORNOT-FOR-PROFIT LAW, 1-2 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.
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The Aarhus Convention, also known as the Convention on Access to
Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters, was entered into force in 2001. As of 2013, 47 states have
ratified it, making it binding law at the state level.3 The Aarhus Convention
provides the public with rights of access to information, public participation and
access to justice in cross-border environmental matters.4 The guarantee of public
participation is designed to protect self-determination and social well-being.5 For
instance, Article 6 provides that the public must be informed of all proposed
activities and must be given sufficient time to comment on the proposal early in the
process.6 Article 9 provides judicial review of Aarhus violations.
7 However,
different EU jurisdictions have varying attitudes to adjudicating Article 9 claims,
and states such as Germany, Austria, and Slovenia employ narrow interpretations
that prevent many CSOs and individuals from having standing.8
Public participation on the international level also includes involvementfrom civil society organizations (CSOs) and other interests groups in legislation
that affects them.9 One mechanism that the UN has implemented to encourage
participation of CSOs is the Non-Governmental Liaison Service (NGLS), which
provides CSOs with the opportunity to assist in the development of UN policies.10
Not only do UN agencies have their own points of contact for the specific purpose
of engaging civil society, the UN also publishes summary reports outlining UN
3United Nations Economic Commission for Europe, Status of Ratification, available athttp://www.unece.org/env/pp/ratification.html. While not an original signatory to the convention, Bosnia and
Herzegovina acceded to the convention in October 2008, making the state legally bound to follow it.4The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters art. 1 (Oct. 30, 2001), available at
http://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf.5The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters art. 1 (Oct. 30, 2001), available at
http://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf.6The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters art. 6 (Oct. 30, 2001), available at
http://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf.7The Convention on Access to Information, Public Participation in Decision-making and Access to Justice in
Environmental Matters art. 9 (Oct. 30, 2001), available athttp://www.unece.org/fileadmin/DAM/env/pp/documents/cep43e.pdf.8European Network of Environmental Law Organizations,Access to Justice in Environmental Matters Under the
Aarhus Convention, 3 (May 2010), available at http://www.justiceandenvironment.org.9Katerina Hadzi-Miceva-Evans, Comparative Overview of European Standards and Practices in Regulating PublicParticipation, EUROPEAN CENTER FORNOT-FOR-PROFIT LAW, 3 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.10Katerina Hadzi-Miceva-Evans, Comparative Overview of European Standards and Practices in Regulating Public
Participation, EUROPEAN CENTER FORNOT-FOR-PROFIT LAW, 3 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.
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engagement with CSOs and the aggregates CSO input on issues ranging from
health to human rights.11
Similarly, in response to constant criticism of its decision-making process,
the World Bank implemented public participation policies for CSOs.12
The World
Bank has taken the position that public participation should not be limited to mere
notification or consultation, but must empower poor and marginalized groups by
shifting the balance of power to such groups in the decision making process.13
Thus, the World Bank has incorporated public involvement by CSOs at every point
of its decision-making cycles, as opposed to only consulting CSOs in the beginning
stages.14
The World Bank has consulted CSOs on issues such as indigenous
resettlement, resource management, and debt relief programs.15
For its Energy
Strategy program, the World Bank maintains a site where it publishes institutional
feedback in multiple languages, allowing stakeholders on opposite sides of the
world to analyze all public commentary.16
European Standards on Public Participation in the Legislative Process
The European approach for public participation in the legislative process is
set forth in the series of treaties establishing the European Union, and most
recently in the Treaty of Lisbon, signed in 2009.17
Like the international
framework, the European model uses public participation to bring transparency and
11UN Non-Governmental Liaison Services,Homepage,available at http://www.un-ngls.org/spip.php?page=mot&id_mot=3.12
Civil Society Members of World Bank-Civil Society Joint Facilitation Committee,A Call for Participatory
Decision-Making: Discussion Paper on World Bank-Civil Society Engagement, 4, 21 (June 15, 2005), available at
http://siteresources.worldbank.org/CSO/Resources/World_Bank_Civil_Society_Discussion_Paper_FINAL_VERSI
ON.pdf.13Civil Society Members of World Bank-Civil Society Joint Facilitation Committee,A Call for Participatory
Decision-Making: Discussion Paper on World Bank-Civil Society Engagement, 20-21 (June 15, 2005), available at
http://siteresources.worldbank.org/CSO/Resources/World_Bank_Civil_Society_Discussion_Paper_FINAL_VERSI
ON.pdf.14Civil Society Members of World Bank-Civil Society Joint Facilitation Committee,A Call for Participatory
Decision-Making: Discussion Paper on World Bank-Civil Society Engagement, 64 (June 15, 2005), available at
http://siteresources.worldbank.org/CSO/Resources/World_Bank_Civil_Society_Discussion_Paper_FINAL_VERSI
ON.pdf.15
The World Bank, Consultations, available at
http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/CSO/0,,contentMDK:20094165~pagePK:220503~piPK:
220476~theSitePK:228717,00.html.16World Bank,Energy Strategy Consultations, available athttp://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTENERGY2/EXTESC/0,,contentMDK:22628542~m
enuPK:6426577~pagePK:64168427~piPK:64168435~theSitePK:6297515,00.html.17Katerina Hadzi-Miceva-Evans, Comparative Overview of European Standards and Practices in Regulating Public
Participation, EUROPEAN CENTER FORNOT-FOR-PROFIT LAW, 4 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.
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legitimacy to governmental decisions.18
The Lisbon Treaty was drafted with three
main pillars of democratic governance in mind: 1) democratic equality, 2)
representative democracy, and 3) participatory democracy.19
The legal basis for
the third pillar, participatory democracy, is affirmed in Article 8 of the Treaty of
Lisbon.20
Article 8 outlines the process values of public participation and how they are
implemented. To begin, Article 8A(3) provides Decisions shall be taken as
openly and as closely as possible to the citizen.21
Next, Articles 8B(2) and 8B(3)
require that EU institutions maintain an open, transparent and regular dialogue
with representative associations and civil society, and carry out broad
consultations with parties, respectively.22
These principles provide the basis for
responsive parliamentary governance in the EU.
Concurrently, Article 8B(4) requires the EU Commission to respond to anypublic policy proposal that, over the course of one year, garners the support of one
million EU citizens or more from at least 7 of the 28 EU member states.23
These
proposals take the form of citizens initiatives, and allow for a more direct form of
participation than ordinary parliamentary consultations.24
The EU Commission
launched the European Citizens Initiative (ECI) website in April 2012. On
February 10, 2013, Water is a Human Right became the first ECI to collect the
minimum number of signatures.25
Water is a Human Right currently has over
1.6 million signatures and has reached the distribution quorum in twelve states.26
18Katerina Hadzi-Miceva-Evans, Comparative Overview of European Standards and Practices in Regulating Public
Participation, EUROPEAN CENTER FORNOT-FOR-PROFIT LAW, 4 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.19University of Oxford,A Comparative Survey of Procedures for Public Participation of the Law Making Process
Report for the National Campaign for Peoples Right to Information (NCPRI), 60-61 (Apr. 2011), available athttp://righttoinformation.info/wp-
content/uploads/2011/05/A_Comparative_Survey_of_Public_Participation_in_the_Legislative_Process.pdf.20Treaty of Lisbon art. 8 (2009), available at http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:306:FULL:EN:PDF21Treaty of Lisbon art. 8 (2009), available athttp://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:306:FULL:EN:PDF22
Treaty of Lisbon art. 8 (2009), available athttp://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:306:FULL:EN:PDF23
Treaty of Lisbon art. 8 (2009), available athttp://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2007:306:FULL:EN:PDF24European Commission, General Q&A about the European Citizens Initiative(ECI),available at
http://ec.europa.eu/citizens-initiative/public/faq25Initiative for the European Citizens Initive,First European Citizens Initiative in History to Reach 1 Million
Supporters Despite Legal and Technial Barriers(February 10, 2013), available athttp://www.citizens-
initiative.eu/?p=1466.26Water is a Human Right,Latest Figures Water Campaign, available at
http://www.right2water.eu/sites/water/files/Latest%20figures%2015%20July%202013.pdf; Water is a Human Right,
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declining to hold consultations.32
The UK has recently switched from a default
twelve-week consultation period to a more flexible, context-based consultation
period.33
Statutory Basis
The UK Civil Service is in the process of reforming the policymaking
system to increase transparency and accountability, and has authored two
complementary authorities on public comment periods in the UK.34
First, the Civil
Service has published Consultation Principles that guide ministers and
policymakers through considerations of when and why to conduct consultations.
Meanwhile, the Commission for the Compacts blueprint (the Compact)
provides more substantive guidelines on the actual procedures of consultations.35
The Conservative-Liberal coalition government updated the Compact in 2010 to
reflect new goals of increasing CSO-government cooperation and legislative
transparency.36
Interestingly, the Compact also provides guidelines for how CSOs should
engage the government, making the Compact a practical guide for state actors and
CSOs alike on how to best cooperate on policy reforms. Successful consultations
have yielded feedback and policy changes on issues ranging from state secrets,
civil liberties, and lobbying regulations.37
Procedure
Public consultation periods were traditionally 12-weeks-long in the UK,
although recent reforms have sought to give ministers and agencies the ability to
shorten or lengthen this period on a case-by-case basis. The relevant departmental
committee, or an ad hoc committee from one or both houses, traditionally oversees
this pre-legislation scrutiny process. The Civil Service publishes approximately
32UK Government, The Compact, available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/61169/The_20Compact.pdf.33
UK Government, Consultation Periods 2, available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/60937/Consultation-Principles.pdf. 34
UK Government, Consultation Principle, 2 (2010), available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/60937/Consultation-Principles.pdf.35UK Government, The Compact, available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/61169/The_20Compact.pdf.36UK Government, The Compact, available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/61169/The_20Compact.pdf.37UK Government, Consultations, available at
https://www.gov.uk/government/publications?departments[]=cabinet-
office&publication_filter_option=consultations.
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400 consultation responses annually.38
The National Archives also maintains a
clearinghouse of all legislation going through the parliamentary process, including
draft laws and impact statements published before and after consultations.39
While new rules for public consultations are still in the process of being
finalized, the Compact provides a framework for such consultations.40
For
instance, the Compact suggests consultations vary between two and 12 weeks
depending on the complexity of the policy and diversity of interested parties.41
However, the House of Lords, in its own review of the consultation policy,
strongly advised against holding consultations for less than a minimum six or eight
weeks.42
In the same report, the House of Lords concluded that the digital by
default policy was ineffective and essentially excluded many of the most relevant
voices from the consultation process.43
Because individuals and institutions most
likely to be left out of the deliberative process are also those least likely to engage
in an online-only consultation process, the House of Lords argued that thegovernment should seek to engage them more proactively.
44
In addition to these consultation periods, citizens can also start petitions
online. If 100,000 people sign on to the petition, the House of Commons is
compelled to debate the topic and issue a public response.45
Specific Features
The Conservative-Liberal coalition government has made increasing the
effectiveness of public engagement a cornerstone of its larger effort to reform the
legislative process.46
The Civil Service and the parliament have agreed on the need
to make the consultation process more flexible. There is a consensus in the UK
that consultations should range from six to 12 weeks in length, depending on the
38Publications: Consultation, available at
https://www.gov.uk/government/publications?publication_filter_option=consultations.39UK Government,National Archives , available at http://www.legislation.gov.uk/ukia.40UK Government, Consultation Principle, 1 (2010), available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/60937/Consultation-Principles.pdf.41
UK Government, Consultation Principle, 2 (2010), available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/60937/Consultation-Principles.pdf.42
House of Lords, The Governments New Approach to Consultations, available at
http://www.publications.parliament.uk/pa/ld201213/ldselect/ldsecleg/100/10005.htm#a6.43House of Lords, The Governments New Approach to Consultations, available at
http://www.publications.parliament.uk/pa/ld201213/ldselect/ldsecleg/100/10005.htm#a6.44House of Lords, The Governments New Approach to Consultations, available at
http://www.publications.parliament.uk/pa/ld201213/ldselect/ldsecleg/100/10005.htm#a6.45UK Civil Service,E-Petitions, available at http://epetitions.direct.gov.uk/.46UK Civil Service,Making the Civil Service more Skilled, Digital, and Unified, available at
http://my.civilservice.gov.uk/reform/.
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issues in question, and that they should not take place over holidays or in near
proximity to elections.47
It is also remarkable that reforms led by the Conservative-Liberal
government have included practical guidelines, not only for ministers and
agencies, but CSOs themselves.48
These guidelines such as publishing
environmental impact estimates or analyzing the value added by a given
government policy help to ensure that consultation periods are used as effectively
as possible.49
Romania
Romanian law stipulates a mandatory and broad public comment period,
which applies to both state and local policymaking. However, in practice, citizen
participation is underutilized and local governments in particular often do notfulfill the spirit of public comment regulations.
Statutory Basis
Law no. 544/2001 establishes a right to free access to public information,
while the Law on Transparent Decision-Making by State Bodies and Local
Governments (Law no. 52/2003) mandates that state and local governments consult
with citizens and their associations before adopting new legislation.50 The Law
aims to increase the degree of accountability of public administration toward
citizens as beneficiaries of the administrative decision; stimulate active
participation of citizens in the administrative decision-making process and in the
process of drafting normative acts; [and] enhance the degree of accountability of
the entire public administration.51
47House of Lords, The Governments New Approach to Consultations, available at
http://www.publications.parliament.uk/pa/ld201213/ldselect/ldsecleg/100/10005.htm#a6.48
UK Government, The Compact, available athttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/61169/The_20Compact.pdf.49UK Government, The Compact, available at
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/61169/The_20Compact.pdf.50Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with AdministrativeCapacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,137(2012),available at
http://ras.sagepub.com/content/78/1/134.51International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 8 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.
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The Law on Transparent Decision-Making by State Bodies and Local
Governments is not optional,52
and officials may be subject to disciplinary action
for breach of its provisions.53
Procedure
The Law on Transparent Decision-Making by State Bodies and Local
Governments includes four procedural mandates. First, local authorities must
inform the public about any pending regulation by posting notifications online, in
print media, and in hard copy in a sufficiently public location such as a town hall.54
Second, local authorities process public comments from individuals and legally
recognized entities.55
The comment process in Romania begins with an online
public announcement on the preparation of a draft law at least 30 days before the
draft is published and lasting at least 10 days.56
Third, local authorities must
coordinate a public meeting to discuss pending regulations when such a meeting is
requested either by a member of the public or by a member of the local authority.57Finally, all local authorities must draft and publish a self-evaluation report
enumerating the annual statistics and outcomes related to public comment periods
in their jurisdiction.58
While this framework theoretically endorses and even guarantees public
participation in the policymaking process, local authorities often do the bare
minimum to satisfy the law, and required public comment periods have
52Dragan Golubovi!, Citizen Participation in Legislative Processes: A Short Excursion Through European Best
Practices , THE EUROPEAN CENTER FORNON-PROFIT LAW, 6 (2008), available at
http://www.ecnl.org/dindocuments/274_Brochure%20on%20citizen%20participation%20ENG.pdf.53International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices inRegulating Public Participation, 9 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.54Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with Administrative
Capacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,137(2012),available at
http://ras.sagepub.com/content/78/1/134.55Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with Administrative
Capacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,138(2012),available at
http://ras.sagepub.com/content/78/1/134.56
Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with Administrative
Capacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,144(2012),available at
http://ras.sagepub.com/content/78/1/134.57Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with AdministrativeCapacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,138(2012),available at
http://ras.sagepub.com/content/78/1/134.58Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with Administrative
Capacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,138(2012),available at
http://ras.sagepub.com/content/78/1/134.
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unfortunately not led to widespread engagement.59
In addition, studies suggest the
Law on Transparent Decision-Making by State Bodies and Local Governments is
unnecessarily rigid, making it particularly difficult for local authorities in rural
communities to satisfy the consultation requirements of the law due to insufficient
financial and human resources.60
Specific Features
Members of the public not included in the mandatory process may lodge an
administrative grievance if they believe their right to participation has been
violated.61
State officials in violation of the public comment procedures are
subject to disciplinary sanctions.62
Despite these consequences, the state response
mandated by the law is limited.63
Relevant government agencies need only
provide aggregate statistics on the number of comments received and acted upon in
its annual report.64
Hungary
Like other European models, the Hungarian model of public comment
periods includes a public consultation period prior to the adaptation of legislation.
Hungary requires a 15-day consultation window.65
Statutory Basis
While Hungarys previous constitution obliged the government to cooperate
with civil society in carrying out its duties and responsibilities, the Law on
59Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with Administrative
Capacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,138(2012),available at
http://ras.sagepub.com/content/78/1/13460Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with AdministrativeCapacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,150(2012),available at
http://ras.sagepub.com/content/78/1/13461International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 19-20 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.62Dragan Golubovi!, Citizen Participation in Legislative Processes: A Short Excursion Through European Best
Practices , THE EUROPEAN CENTER FORNON-PROFIT LAW, 10 (2008), available at
http://www.ecnl.org/dindocuments/274_Brochure%20on%20citizen%20participation%20ENG.pdf.63
Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with Administrative
Capacity, 78 INTERNATIONAL REVIEW OF ADMINISTRATIVE SCIENCES 134,152(2012),available at
http://ras.sagepub.com/content/78/1/134.64International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices inRegulating Public Participation, 17 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.65International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 16 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.
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Legislative Procedures now governs the states public comment process.66
In
addition, because the Law on Legislative Procedures is broad and provides no
sanctions for violation of consultation obligations,67
the Law on Access to
Information in Electronic Form was introduced in 2005 to provide citizens and
civil society organizations with a more specific legal framework to exercise their
participatory rights.68
The Law on Access to Information in Electronic Form
explicitly mandates that state and local governments distribute draft laws to the
public, along with an explanatory note, consultation materials, and other
information.69
The Law on Access to Information in Electronic Form also
provides more specific procedural information, including deadlines, a methodology
for publishing and commenting on drafts, and a feedback process.70
Procedure
The Hungarian public consultation process begins at the drafting stage, with
the posting of a draft law on the website of the relevant ministry. Submissiondeadlines for public comments are outlined in the Law on Administrative
Proceedings, which provides for a deadline sufficient to allow for preparation of
sound comments.71
The submission period is generally 15 days from the time the
draft is posted online, though the timeframe may vary in cases of emergency.72
66HUNGARY CONST. ch. 7, 36 (1989), available athttp://lapa.princeton.edu/hosteddocs/hungary/1989-
90%20constitution_english.pdf;Act on Legislation art. XI (Hungary, 1987), available at
http://www.parlament.hu/angol/angol.htm.67Dragan Golubovi!, Citizen Participation in Legislative Processes: A Short Excursion Through European BestPractices , THE EUROPEAN CENTER FORNON-PROFIT LAW, 5 (2008), available at
http://www.ecnl.org/dindocuments/274_Brochure%20on%20citizen%20participation%20ENG.pdf.68Law on Freedom of Electronic Information art. XC (Hungary, 2005), available at
http://www.lexadin.nl/wlg/legis/nofr/eur/arch/hun/act_xc_of_2005_on_the_freedom_of_information_by_electronic_
means.pdf.69Law on Freedom of Electronic Information art. XC (Hungary, 2005), available at
http://www.lexadin.nl/wlg/legis/nofr/eur/arch/hun/act_xc_of_2005_on_the_freedom_of_information_by_electronic_
means.pdf.70
Law on Freedom of Electronic Information art. XC (Hungary, 2005), available at
http://www.lexadin.nl/wlg/legis/nofr/eur/arch/hun/act_xc_of_2005_on_the_freedom_of_information_by_electronic_
means.pdf.71Dragan Golubovi!, Citizen Participation in Legislative Processes: A Short Excursion Through European BestPractices , THE EUROPEAN CENTER FORNON-PROFIT LAW, 10 (2008), available at
http://www.ecnl.org/dindocuments/274_Brochure%20on%20citizen%20participation%20ENG.pdf.72International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 16 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.
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The relevant government ministry considers the comments submitted and
publishes a summary response, explaining why individual comments have been
accepted or rejected, on its website.73
Specific Features
Though the public comment process is triggered under Hungarian law for
draft laws or regulations that directly impact any individual citizen or civil society
organization,74
Hungarys Constitutional Court has held on multiple occasions that
the governments duty to cooperate with and engage in consultation procedures is
only enforceable as a kind of methodological instruction.75
In other words, when
the government fails to fulfill this duty, it is considered a breach of bureaucratic
process, but not an infringement of any political rights.76
This is in response to the
Courts desire not to condition the exercise of legislative power on consultations
with representatives of private interests. However, the Court has also found that
state officials who fail to implement the law may be subject to disciplinaryaction.
77 Thus, political and disciplinary sanctions for breach of consultation
obligations under law are limited to the heads of state administration.78
As in the UK, the Hungarian public comment process extends to future
concepts of laws, ministerial decrees, and other preparatory materials used in the
drafting process, in addition to draft laws.79
73International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 17 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.74Dragan Golubovi!, Citizen Participation in Legislative Processes: A Short Excursion Through European BestPractices , THE EUROPEAN CENTER FORNON-PROFIT LAW, 12 (2008), available at
http://www.ecnl.org/dindocuments/274_Brochure%20on%20citizen%20participation%20ENG.pdf.75Dragan Golubovi!,An Enabling Framework for Citizen Participation in Public Policy: An Outline of Some of the
Major Issues Involved, 12 INTERNATIONAL JOURNAL OFNOT-FOR-PROFIT LAW 38, 43-44, (Nov. 2010), available at
http://www.icnl.org/knowledge/ijnl/vol12iss4/ijnl_vol12iss4.pdf.76Dragan Golubovi!,An Enabling Framework for Citizen Participation in Public Policy: An Outline of Some of the
Major Issues Involved, 12 INTERNATIONAL JOURNAL OFNOT-FOR-PROFIT LAW 38, 43-44, (Nov. 2010), available at
http://www.icnl.org/knowledge/ijnl/vol12iss4/ijnl_vol12iss4.pdf.77
Dragan Golubovi!, Citizen Participation in Legislative Processes: A Short Excursion Through European Best
Practices , THE EUROPEAN CENTER FORNON-PROFIT LAW, 5 (2008), available at
http://www.ecnl.org/dindocuments/274_Brochure%20on%20citizen%20participation%20ENG.pdf.78Dragan Golubovi!, Citizen Participation in Legislative Processes: A Short Excursion Through European BestPractices , THE EUROPEAN CENTER FORNON-PROFIT LAW, 12 (2008), available at
http://www.ecnl.org/dindocuments/274_Brochure%20on%20citizen%20participation%20ENG.pdf.79International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 13 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.
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Switzerland
Switzerland has a relatively progressive model for ensuring public
participation in policymaking through public comment periods. There are
constitutional and legislative bases for holding public comment periods, and the
periods themselves, three months long, are longer than those in most European
states.
Statutory Basis
The Swiss Constitution mandates public comments on legislative processes.
Specifically, Article 147 provides that, [t]he Cantons, the political parties and
interested groups shall be invited to express their views when preparing important
legislation or other projects of substantial impact as well as in relation to
significant international treaties.80
The general obligations enshrined in the Constitution are complemented by
more specific requirements in the Consultation Procedure Act. In accordance with
constitutional protections, the aim of the Act is to facilitate participation by the
Cantons, political parties, and other interested groups in the shaping of opinion
and the decision-making process of the Confederation.81
Under the Consultation
Procedure Act, the state is required to obtain the view of the Cantons and other
interested groups before implementing any legislative changes.82
Procedure
The Consultation Procedure Act, as adopted in 2005, requires consultations
to be conducted in writing and within a three-month public submission period.83
Article 4 of the Act provides for the inclusion of various participants, including the
Cantons; political parties represented in the Federal Assembly; national umbrella
organizations for communes, cities, regions, and the economic sector; and any
other relevant interest groups.84
80FEDERAL CONSTITUTION OF THE SWISS CONFEDERATION art. 147 (1999), available at
http://www.admin.ch/ch/e/rs/1/101.en.pdf.81
Federal Act on the Consultation Procedureart. 7 (Switzerland, 2005), available at
http://www.admin.ch/ch/e/rs/172_061/index.html.82University of Oxford,A Comparative Survey of Procedures for Public Participation in the Lawmaking Process ,
43 (Apr. 2011), available athttp://righttoinformation.info/wp-content/uploads/2011/05/A_Comparative_Survey_of_Public_Participation_in_the_Legislative_Process.pdf83Federal Act on the Consultation Procedureart. 7(2) (Switzerland, 2005), available at
http://www.admin.ch/ch/e/rs/172_061/index.html.84Federal Act on the Consultation Procedureart. 4(2) (Switzerland, 2005), available at
http://www.admin.ch/ch/e/rs/172_061/index.html.
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Upon initiation of a legislative proposal, the Federal Council, or appropriate
parliamentary committee, forms a commission of experts and interested
individuals, who provide a written draft.85
Next, as required by the Constitution,
the Cantons, political parties, and other interested groups submit comments and
propose amendments.86
The totality of the consultation procedures is conducted in
writing and completed within three months. Transparency is emphasized
throughout, with all consultation documents, including opinions and meeting
minutes, being made available to the public. Following Federal Council
acknowledgement, a summary of the processs results is also made public.87
Public participation is further encouraged through formal referenda, state-
wide votes called by the government or triggered by a critical mass of popular
support.88
All citizens with the right to vote also have the right to participate in
such referenda.89
The referendum process a purely majoritarian complement to
the petition process adds another level of accountability to the legislative process.
Specific Features
Switzerlands strong tradition of direct democracy and participation
facilitates a robust public comment period in the legislative process.90
In addition
to the constitutional and legal duties under the Consultation Procedure Act,
Switzerland is an original member state of the OECD, which provides additional
transparency and consultation requirements.91
The fact that the public comment
85University of Oxford,A Comparative Survey of Procedures for Public Participation in the Lawmaking Process ,
43 (Apr. 2011), available athttp://righttoinformation.info/wp-
content/uploads/2011/05/A_Comparative_Survey_of_Public_Participation_in_the_Legislative_Process.pdf.86University of Oxford,A Comparative Survey of Procedures for Public Participation in the Lawmaking Process ,42 (Apr. 2011), available athttp://righttoinformation.info/wp-
content/uploads/2011/05/A_Comparative_Survey_of_Public_Participation_in_the_Legislative_Process.pdf.87University of Oxford,A Comparative Survey of Procedures for Public Participation in the Lawmaking Process,
42 (Apr. 2011), available athttp://righttoinformation.info/wp-
content/uploads/2011/05/A_Comparative_Survey_of_Public_Participation_in_the_Legislative_Process.pdf.88OECD, Citizens as Partners: OECD Handbook on Information, Consultation and Public Participation in Policy-
Making, 32, 65 (2001), available at
http://www.ezd.si/fileadmin/doc/4_AKTIVNO_DRZAVLJANSTVO/Viri/Citizens_as_partners_hanbook_oecd.pdf.89
OECD, Citizens as Partners: OECD Handbook on Information, Consultation and Public Participation in Policy-
Making, 33 (2001), available at
http://www.ezd.si/fileadmin/doc/4_AKTIVNO_DRZAVLJANSTVO/Viri/Citizens_as_partners_hanbook_oecd.pdf.90University of Oxford,A Comparative Survey of Procedures for Public Participation in the Lawmaking Process ,43 (Apr. 2011), available athttp://righttoinformation.info/wp-
content/uploads/2011/05/A_Comparative_Survey_of_Public_Participation_in_the_Legislative_Process.pdf.91OECD, Citizens as Partners: OECD Handbook on Information, Consultation and Public Participation in Policy-
Making, 2 (2001), available at
http://www.ezd.si/fileadmin/doc/4_AKTIVNO_DRZAVLJANSTVO/Viri/Citizens_as_partners_hanbook_oecd.pdf.
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process is protected at three levels makes the Swiss consultation procedure
particularly broad and transparent.92
Finally, the Swiss system guarantees that citizens receive information related
to the legislative process in any of the states official languages.93
Germany
German law guarantees citizens the right to participate in policymaking, but
only at the federal level.
Statutory Basis
As in Switzerland, a methodology for public consultations in the legislative
process is enshrined in Germanys Basic Law. Specially, the German Constitution
provides [e]very personindividually or jointly with others the right to addresswritten requests or complaints to competent authorities and to the legislature.
94
The right to petition extends to every natural or legal person under private law
residence.95
In addition, in 2005, Germany established an e-petition system. Any
citizen-based petition that gets 50,000 signatures in support now triggers a public
hearing on the topic.96
To manage public comments, the Basic Law provides for the maintenance of
a petitions committee, which considers public requests and complaints under the
regulation by federal law.97
The petitions committee implements basic principles
to govern treatment of public comments, which it uses as the foundation for its
decisions in each instance.98
92University of Oxford,A Comparative Survey of Procedures for Public Participation in the Lawmaking Process ,
43 (Apr. 2011), available athttp://righttoinformation.info/wp-
content/uploads/2011/05/A_Comparative_Survey_of_Public_Participation_in_the_Legislative_Process.pdf93OECD, Citizens as Partners: OECD Handbook on Information, Consultation and Public Participation in Policy-
Making, 29 (2001), available at
http://www.ezd.si/fileadmin/doc/4_AKTIVNO_DRZAVLJANSTVO/Viri/Citizens_as_partners_hanbook_oecd.pdf.94
BASIC LAW FOR THE FEDERAL REPUBLIC OF GERMANYart. 17 (1949), available athttps://www.btg-
bestellservice.de/pdf/80201000.pdf.95German Bundestag,Petitions Committee, available at
http://www.bundestag.de/htdocs_e/bundestag/committees/a02/index.jsp.96http://arstechnica.com/business/2011/04/do-e-petitions-change-government-germanys-experiment/.97BASIC LAW FOR THE FEDERAL REPUBLIC OF GERMANYart. 45(c) (1949), available athttps://www.btg-
bestellservice.de/pdf/80201000.pdf.98Rules of Procedure of the German Bundestagrule 110(1) (Germany, 2009), available athttps://www.btg-
bestellservice.de/pdf/80060000.pdf.
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Procedure
As noted above, the petitions committee exclusively controls citizen
participation and public comment procedures in the legislative process. Article 17
of the Basic Law establishes the unqualified right of German citizens to petition
the government.99
In turn, Article 45(c) requires the state to appoint a petitions
committee to coordinate the response to any petitions.100
Committee members
judge the impact of particular legislation, and make recommendations on whether
the Bundestag should take reformative action.101
Germanys public comment process only extends to federal legislation, and
the general public is invited to participate through written and signed petitions
during a period of four to six weeks.102
Petitioners must be notified of the status of
their comment and may object to its dismissal or request further clarification
within six weeks.103
Successful petitions are included in a monthly petitions committee report
and recommendation, which is submitted to the Bundestag.104
Recommendations
may include a referral for remedial action, re-examination, or may be submitted
simply to draw attention. The petitions committee may also forward its report to
relevant parliamentary groups or to the European Parliament.105
In addition to the petitions committee, the Bundestags special commission
(Enquete-Kommission) on citizen engagement also facilitates public comment.
The special commission governs all voluntary citizen and civil society organization
activity, encouraging civic engagement through, amongst other things,
participation in political decision-making.106
99BASIC LAW FOR THE FEDERAL REPUBLIC OF GERMANYart. 17 (1949), available athttps://www.btg-bestellservice.de/pdf/80201000.pdf.100German Bundestag,Provisions Concerning the Right to Petition, available at
http://www.bundestag.de/htdocs_e/bundestag/committees/a02/provisions.pdf.101German Bundestag,Provisions Concerning the Right to Petition, available at
http://www.bundestag.de/htdocs_e/bundestag/committees/a02/provisions.pdf.102German Bundestag,Provisions Concerning the Right to Petition, available at
http://www.bundestag.de/htdocs_e/bundestag/committees/a02/provisions.pdf.103
German Bundestag,Provisions Concerning the Right to Petition, available athttp://www.bundestag.de/htdocs_e/bundestag/committees/a02/provisions.pdf.104Rules of Procedure of the German Bundestagrule 112 (Germany, 2009), available at
http://www.bundestag.de/htdocs_e/bundestag/committees/a02/rechtsgrundlagen_eng.pdf.105German Bundestag,Provisions Concerning the Right to Petition, available athttp://www.bundestag.de/htdocs_e/bundestag/committees/a02/provisions.pdf.106European Institute for Public Participation,Public Participation in Europe: An International Perspective, 17
(Jun. 2009), available athttp://www.partizipation.at/fileadmin/media_data/Downloads/Zukunftsdiskurse-
Studien/pp_in_e_report_03_06.pdf; German Bundestag,Enquete-Kommission, available at
dip.bundestag.de/btd/14/089/1408900.pdf.
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Specific Features
Though the Basic Law includes public comment procedures, German
consultations are notable for their mixture of formal and informal processes. For
instance, a ministry may hold broad formal hearings on draft legislation with
representatives of interested groups.107
Alternatively, federal ministries may
circulate informal proposals and draft legislation among interest groups for
comment.108
Like Switzerland and the UK, Germany is an original member state of the
OECD, which has officially championed consultation as an essential element of the
policy-making process.109
Croatia
As a member-state of the Open Government Partnership (OGP) a group of
55 states from six continents committed to increasing accountability and
transparency Croatia has made a commitment to public participation in
policymaking.110
After the Croatian Government passed the Code of Practice on
Consultation in 2009, it followed-up by amending the Rules of Procedure in 2012
to fulfill the goal of making public participation a reality.111
Statutory Basis
The statutory basis for public comment on legislation in Croatia is the Code
of Practice on Consultation with the Interested Public in Procedures of Adopting
Laws, Other Regulations and Acts, implemented in 2009.112
The Code of Practice
establishes general principles and a minimum standard for public consultation
107German Bundestag,Interest Groups, available at
http://www.bundestag.de/htdocs_e/bundestag/function/legislation/legislat/04intgroup.html.108
OECD, Citizens as Partners: OECD Handbook on Information, Consultation and Public Participation in Policy-
Making, 61-62 (2001), available athttp://www.ezd.si/fileadmin/doc/4_AKTIVNO_DRZAVLJANSTVO/Viri/Citizens_as_partners_hanbook_oecd.pdf.109OECD,Engaging Citizens in Policy-Making: Information, Consultation and Public Participation , 3 (July 2001),
available athttp://www.oecd.org/dataoecd/24/34/2384040.pdf.110Open Government Partnership,About, available at http://www.opengovpartnership.org/about.111Amendments to the Rules of Procedure of the Government, (Croatia, 2012), available in Croatian at
http://www.uzuvrh.hr/vijestEN.aspx?pageID=2&newsID=2136.112Code of Practice on Consultation with the Interested Public in Procedures of Adopting Laws, Other Regulations
and Acts(Croatia, 2009), available at
http://www.uzuvrh.hr/userfiles/file/code%20of%20practice%20on%20consultation-croatia.pdf.
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within the state.113
In light of regular governmental failure to publish responses,
Croatia adopted the National Strategy for the Creation of an Enabling Environment
for Civil Society Development 2012-2016.114
In 2012, the government amended
the Rules of Procedure, which were designed to compel administrative bodies to
publish more complete reports after public consultation periods.115
It remains
unclear what effect these reforms will have, but they demonstrate a maintained
focus on increasing transparency and accountability.
The Code aims to facilitate interaction with citizens and representatives of
the interested public in the democratic process, and [to] encourage more active
participation by citizens in public life,116
a goal which has been complemented by
the recent incorporation of access to information as a fundamental, constitutional
right.117
The enactment of the Public Procurement Act has also benefited the
process through increased transparency.118
Procedure
The Croatian Code of Practice on Consultation governs the consultation
process, including the scope of participation and length of the submission period.
The Code of Practice broadly allows for all parties who might be affected by the
measure under consideration to participate in consultations.119
Further, the Code
mandates that comments be received within 15 days of a draft laws posting on the
website of the relevant state body.120
Finally, according to the Code of Practice,
the relevant government institution must provide a public explanation for a
113Code of Practice on Consultation with the Interested Public in Procedures of Adopting Laws, Other Regulations
and Actsart. 2, (Croatia, 2009), available at
http://www.uzuvrh.hr/userfiles/file/code%20of%20practice%20on%20consultation-croatia.pdf.114Office for Cooperation with NGOs, Croatian Government Amends its Rules of Procedure to Facilitate MoreEfficient Implementation of the Code of Practice on Consultation with the Interested Public , available at
http://www.uzuvrh.hr/vijestEN.aspx?pageID=2&newsID=2136.115Amendments to the Rules of Procedure of the Government, (Croatia, 2012), available in Croatian at
http://www.uzuvrh.hr/vijestEN.aspx?pageID=2&newsID=2136.116OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and
Assessment of the Situation in Macedonia, 25 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.117
Country Commitments: Croatia, Open Government Partnership, available athttp://www.opengovpartnership.org/countries/croatia.118Country Commitments: Croatia, Open Government Partnership, available at
http://www.opengovpartnership.org/countries/croatia.119Code of Practice on Consultation with the Interested Public in Procedures of Adopting Laws, Other Regulationsand Actsart. 3, (Croatia, 2009), available at
http://www.uzuvrh.hr/userfiles/file/code%20of%20practice%20on%20consultation-croatia.pdf.120International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 16 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.
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comments rejection, to be published on the government website or by means of
appropriate forum.121
Specific Features
One of the most significant features of the Croatian consultation process is
its broad scope. The Code of Practice extends the right to comment to the
interested public, which includes citizens, CSOs (informal civic groups or
initiatives, associations, foundations, funds, private institutions, trade unions, and
associations of employers), representatives of the academic community, chambers,
public institutions, and other legal bodies performing a public service or who might
be affected by the law, other regulation, or act which is being adopted, or who are
to be included in its implementation.122
Like the UK and Hungarian systems, the
Croatian code also broadly incorporates traditional draft laws, as well as
regulations, strategies, resolutions, declarations, and other programs of both the
parliament and the government.123
Another specific feature of the Croatian process is the states involvement
with the OGP.124
To become an OGP member, Croatia adopted an action plan
based on public consultations and input from civil society groups.125
In its action
plan, Croatia reiterated its commitment to increasing transparency and its support
of civic participation in the legislative process.126
Macedonia
In addition to public comment periods, the Macedonian system of public
participation includes state outreach to persons and businesses that are especially
likely to be affected by policies. Moreover, the Macedonian legislature is required
to allow for a public comment period.
121International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 17 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.122
International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices inRegulating Public Participation, 11 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.123International Center for Not-for-profit Law, Comparative Overview of European Standards and Practices in
Regulating Public Participation, 13 (Oct. 2010), available at
http://www.icnl.org/research/resources/ngogovcoop/compover.pdf.124Open Government Partnership,About, available athttp://www.opengovpartnership.org/about.125Open Government Partnership,About, available athttp://www.opengovpartnership.org/about.126Country Commitments: Croatia, Open Government Partnership, available at
http://www.opengovpartnership.org/countries/croatia.
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Statutory Basis
A number of documents provide a basis for public consultation in
Macedonia, most notably the Constitution, the Law on Organization and Work of
the Bodies of State Administration, and the Rules of Procedure of the Government
of the Republic of Macedonia. The Constitution of Macedonia guarantees citizens
the right to direct expression.127
That broad right is complemented and enhanced
by the Law on Organization and Work of the Bodies of State Administration,
which imposes an obligation on state administrative bodies to consult with the
public through procedural announcements, public hearings, and the collection of
opinions from interested citizen associations.128
The Rules of Procedure of the Government of the Republic of Macedonia,
recently modified in 2008, provide a further statutory basis for public participation
in the legislative process.129
These rules provide that proposed laws be published
online and to a central register so that each party may submit opinions,commentaries and proposals regarding the published proposals for adoption of
laws, draft laws and proposals of laws.130
Furthermore, Article 3 Sections 7 and 8
require state and local authorities to cooperate with public and private institutions,
respectively, on issues of common interest.131
Procedure
As provided explicitly by the rules, all stakeholders may submit opinions,
notes, and other proposals related to proposed legislation within 10 days of its
publication.132
The appropriate ministry or local authority then prepares a report
addressing and incorporating citizen comments on proposed legislation.133
127CONSTITUTION OF THE REPUBLIC OF MACEDONIAarts. 2, 8 (Macedonia, 2001), available at
http://www.sobranie.mk/en/?ItemID=9F7452BF44EE814B8DB897C1858B71FF.128Law on Organization and Work of the Bodies of State Administrationart. 10 (Macedonia, 2000), available at
http://www.libertas-institut.com/de/MK/nationallaws/Law_on_State_Administrative_Bodies.pdf. 129OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and
Assessment of the Situation in Macedonia, 46 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.130OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and
Assessment of the Situation in Macedonia, 46 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf;Rules of Procedure
for Operation of the Government of the Republic of Macedonia art. 71.4 (Macedonia, 2000), available athttp://arhiva.vlada.mk/files/doc/eng/strategic_documents/rules.pdf.131Rules of Procedure for Operation of the Government of the Republic of Macedoniaart. 3 secs. 7, 8 (Macedonia,
2000), available athttp://arhiva.vlada.mk/files/doc/eng/strategic_documents/rules.pdf.132OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview andAssessment of the Situation in Macedonia, 46 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.133 OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and
Assessment of the Situation in Macedonia, 46 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.
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Pursuant to Article 3 of the Rules of Procedure, state and local authorities are also
obligated to cooperate with public and private stakeholders and respond to their
input on relevant legislation and policy.134
Citizens can be further included in the legislative process through
submission of initiatives, and participation in debates and the review of proposed
laws.135
Since 2009, government ministries are also obliged to organize
Regulatory Impact Assessments (RIAs) to better engage the public and measure
the potential effects of legislation.136
RIAs allow for a detailed assessment of
economic and social impacts of legislative initiatives, which are then balanced
against the legislations goals and ability to resolve specific problems.137
The RIA
process involves three levels of consultations with public stakeholders: (1)
preparatory consultations to gather experiences and data; (2) consultations on
options and basic dilemmas; and (3) consultations on proposed solutions.138
Specific Features
Much like the UKs system, Macedonias public comment procedure is
notable for its inclusion of stakeholders at the initiation of the legislative
process.139
Additionally, there are a variety of means for the public to engage in
consultations, including through electronic communication and the RIA process.
These consultation mechanisms are enhanced by the transparency of Macedonias
process, namely the requirement that responsible ministries prepare and publish
reports online and in a central register.140
134Rules of Procedure for Operation of the Government of the Republic of Macedoniaart. 3 secs. 7, 8 (Macedonia,
2000), available athttp://arhiva.vlada.mk/files/doc/eng/strategic_documents/rules.pdf.135OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and
Assessment of the Situation in Macedonia, 53 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.136Analytica,Regulatory Impact Assessment Macedonia, 5 (October 2009), available at
http://analyticamk.org/files/ReportNo32.pdf. 137OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and
Assessment of the Situation in Macedonia, 48 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.138
OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and
Assessment of the Situation in Macedonia, 49 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.139OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview andAssessment of the Situation in Macedonia, 50 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.140OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and
Assessment of the Situation in Macedonia, 46 (Oct. 2010), available at
http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.
8/12/2019 Public Comment Periods for Legislation
26/26
Public Comment Periods, July 2013
Conclusion
European states have employed a variety of mechanisms to better involve
citizens in traditional legislative and regulatory processes. These practices range
from simple nationwide referenda, to complex multi-stage consultation processes
at the state and local levels. Despite these differences, public consultation plays an
important role in the enactment of new legislation throughout Europe. The most
successful systems of public participation include a robust combination of informal
consultation, formal polling, structured dialogue, and constitutional or legal
guarantees of accountability.