scholarly journals The Public Participation in the Drafting of Legislation in Hungary

2017 ◽  
Vol 14 (4) ◽  
Author(s):  
László Vértesy

The legitimacy of legislation is crucial for modern democracies. This paper provides a brief but detailed description and legal, quantitative analysis of this process, drawing attention to the most significant Hungarian techniques. According to the main provisions of Act CXXXI of 2010 on public participation in the drafting of legislation, public consultations are to be carried out within the framework of general or direct consultations. The general consultation is mandatory and open for the public, all draft bills, governmental decrees and ministerial decrees drafted by ministries are to be published on the Government’s webpage. The direct consultation is based on strategic partnerships between the relevant ministries and stakeholders, outstanding organisations. In Hungary, it is the responsibility of the minister competent to draft the legislation to open and conduct public consultation and to process the received comments. These mandatory and optional processes strengthen the legitimacy and the acceptance of legislation. As a consequence of this the legal provisions meet with the social requirements, and they can be applied as a best practice for other countries.

Water ◽  
2018 ◽  
Vol 10 (7) ◽  
pp. 958 ◽  
Author(s):  
Katerina Charalambous ◽  
Adriana Bruggeman ◽  
Elias Giannakis ◽  
Christos Zoumides

Public participation is integrated in the European Floods Directive to ensure engagement of societal actors in selecting and accepting measures. This study assesses the Directive’s public participation process and provides recommendations for its improvement by using Cyprus as a case study. Interviews with the organizers and attendees of the public consultations were carried out to evaluate the process while a citizen survey examined people’s flood awareness and opinions of three household-level flood protection measures (permeable pavements, rainwater harvesting systems, and green roofs). Public consultation organizers were generally satisfied with the process while participants suggested better structured information and a more participatory approach. The majority (77%) of the survey respondents did not know if they lived in a designated flood risk area while 93% were unaware of the public consultations carried out for the Floods Directive. Their perception about the effectiveness of the three flood protection measures was positively associated with their willingness to implement them. The results indicated the need for more participatory methods in the public participation process and better strategies to increase awareness and the engagement of people in flood management. Establishing procedures for evaluating the effectiveness of public participation could contribute to the recognition and improvement of the process.


2019 ◽  
Vol 4 (4) ◽  
pp. 126-138
Author(s):  
Tse-Hui Teh

Public participation is viewed as a best practice in planning, and yet most people who participate in it (planners included) often feel that it is a cynical box-ticking exercise. Citizen participation rates are usually low, implying that they may feel this way too. There are two good reasons for this feeling: On the one hand, public consultation often only occurs when it is a mandatory exercise required by government for development approval; on the other, when public consultation occurs it is after much time and effort has been invested by professionals to develop a scheme therefore change is made reluctantly or not at all. These factors create a reactionary and adversarial atmosphere during consultation. These structural limitations mean that there is no time to find alignment of interests between project developers and the public, or to develop trust and collaborations. This article explores how codesign games as a form of public participation can be done at an early stage of project development to contribute to finding alignment of interests and collaborations between project developers and different public interests. The empirical case study is focussed on the possibilities for the retrofit of sustainable sanitation systems in London. Three future sanitation systems were developed by 14 workshop participants. They demonstrate new alignments of interests, from methods of collection and treatment, to new economies of reuse and production. It also established reasons why the current water-based sanitation systems are obdurate, and the work involved in keeping the status quo.


Author(s):  
T Murombo

One of the key strategies for achieving sustainable development is the use of the process of evaluating the potential environmental impacts of development activities. The procedure of environmental impact assessment (EIA) implements the principle of integration which lies at the core of the concept of sustainable development by providing a process through which potential social, economic and environmental impacts of activities are scrutinised and planned for. Sustainable development may not be achieved without sustained and legally mandated efforts to ensure that development planning is participatory. The processes of public participation play a crucial role in ensuring the integration of the socio-economic impacts of a project into the environmental decision-making processes. Public participation is not the only process, nor does the process always ensure the achievement of sustainable development. Nevertheless, decisions that engage the public have the propensity to lead to sustainable development. The public participation provisions in South Africa’s EIA regulations promulgated under the National Environmental Management Act 107 of 1998 show a disjuncture between the idea of public participation and the notion of sustainable development. The provisions do not create a framework for informed participation and leave a wide discretion to environmental assessment practitioners (EAPs) regarding the form which participation should assume. In order for environmental law, specifically EIA laws, to be effective as tools to promote sustainable development the laws must, among other things, provide for effective public participation. The judiciary must also aid in the process by giving content to the legal provisions on public participation in the EIA process.


2020 ◽  
pp. 140-150
Author(s):  
В. О. Кінзбурська

In the article the author defines the list of administrative procedures of interaction of state bodies with the public, which includes the procedures that arise in connection with: 1) public consultations (organization and conduct of public discussions of regulations); 2) the study of public opinion; 3) involvement of the public in the work of commissions established under public authorities; 4) exercising public control and supervision; 5) carrying out information activities of state bodies (publication of public information about the work of state bodies, providing answers to public requests for information); 6) activities of public councils in terms of interaction with state bodies (conducting public consultations, conducting public monitoring, holding meetings of the public council and making decisions of a recommendatory nature); 7) submission of appeals and requests for information (application of administrative procedures). The author analyzes some administrative procedures of interaction of state bodies with the public, namely: conducting public consultations and studying public opinion. The key features of the administrative procedure of public consultations are identified, which include: its dual form of implementation, as such consultations can be carried out both in person and via the Internet; availability of mandatory and optional stages; close connection with other administrative procedure related to the implementation of information activities of public authorities; obligatory documentation of the result in the form of a report, and in case of a face-to-face consultation with the public, also a protocol; the possibility of initiating this procedure by both entities government agencies and civil society institutions. It is noted that the administrative procedure for the study of public opinion is similar to the general administrative procedure for public consultation, but has its differences, in particular: it is initiated exclusively by state bodies (executive authorities); has no optional stages; provides for competitive selection among the subjects of public opinion polls, ie in fact it is a different administrative procedure for competitive selection; does not require logging, and the main document for the implementation of such a procedure is a report.


2019 ◽  
Vol 3 (1) ◽  
pp. 70-80
Author(s):  
Marcin Pomaranski

The aim of this paper is a comparative analysis of legislative solutions and practical application of the public consultations in the Polish local government after 1989. The legal changes that occurred during this period have guaranteed Polish citizens the tool to direct exercising the political power. Unfortunately, the lack of legislative precision in the use of mechanisms of civic participation in Poland is characteristic of public consultation. Despite the fact that this solution has been used by public administration since the political-system transformation and the passing of the Act on Gmina Self-Government of 1990, and that in 1997 the consultations as a form of the exercise of power by the citizens were also established in the Constitution, for the first two decades there was a fairly great freedom of interpretation in holding them, which the local self-government authorities widely used. Positive changes in the practice of using the mechanisms of public consultation in Poland, including the formulation of the widely accepted set of guidelines and practical advice concerning the manner of implementing these mechanisms, began to take place only in the last four to five years. Main thesis of the paper is the opinion that public consultations in the example of the Polish self-government despite nearly three decades of legislative and political experiences are still not an effective tool of direct democracy, but only a bureaucratic facade.


2006 ◽  
Vol 20 (3) ◽  
pp. 366-386 ◽  
Author(s):  
Michael P. Sam ◽  
Steven J. Jackson

This study illustrates how the rules and practices of a task force inquiry shaped the formulation of its policy. Adopting an institutional approach, it analyzes New Zealand’s Ministerial Taskforce on Sport, Fitness and Leisure (2001). Specifically, this article investigates the role of institutional arrangements (including public consultation and submission procedures) in shaping, delimiting, and circumscribing that task force’s findings and recommendations. The investigation consists of a critical analysis of available texts—including recorded observations of public consultations, written submissions, committee notes—and interviews with task force members. Two features of this task force are described and analyzed: (1) its terms of reference and operative assumptions and (2) its rules and procedures that guided the public participation processes. It is shown that the institutional arrangements can channel debates and thereby recast political relations among interests.


Author(s):  
Fiona Lugg-Widger ◽  
Kim Munnery ◽  
Julia Townson ◽  
Mike Robling

BackgroundAnalysis of routine data makes an important contribution to service evaluation and research, providing cost-efficiencies, objective outcomes, burden reduction for patient and the public and is promoted by both policy and funders. Organisational, legal and ethical governance provide a framework for research but there is an onus on researchers to maintain their awareness of good practice when working with routine data. Aim To co-produce with data provider, researcher and public stakeholders a training curriculum for researchers working with routine data. Methods A curriculum for online and face-to-face training will be developed through consultations with three stakeholder groups. The first are researchers with existing interest /experience of using routine data. An online survey will be disseminated via UK research networks encompassing a range of disciplines and sectors. The non-probabilistic survey addresses current challenges, training experiences and learning preferences. Focus groups with three UK data provider organisations (SAIL, NHS Digital, National Pupil Database) will address provider’s experience of working with researchers, any training or support they either require, provide or sign-post to and opportunities to support best practice. Thirdly, a facilitated public consultation exercise using a deliberative enquiry process will be undertaken as a day’s workshop and include lay contributors identified via the HealthWise Wales cohort. ResultsWe will present initial results from each stakeholder engagement activity and show how this has informed the draft training curriculum and our understanding of potential benefits that the training will deliver. ConclusionsThe public may remain largely unaware of data captured when using public services, how it may contribute to research and the protections that apply. Involving the public in the development of researcher training informs this process and enables researchers to more effectively engage with patients and participants. Training will be promoted through data provider and research networks across sectors in the UK.


2008 ◽  
Vol 07 (04) ◽  
Author(s):  
Alessandro Luís Piolli ◽  
Maria Conceição da Costa

The knowledge deficit model with regard to the public has been severely criticized in the sociology of the public perception of science. However, when dealing with public decisions regarding scientific matters, political and scientific institutions insist on defending the deficit model. The idea that only certified experts, or those with vast experience, should have the right to participate in decisions can bring about problems for the future of democracies. Through a type of "topography of ideas", in which some concepts from the social studies of science are used in order to think about these problems, and through the case study of public participation in the elaboration of the proposal of discounts in the fees charged for rural water use in Brazil, we will try to point out an alternative to the deficit model. This alternative includes a "minimum comprehension" of the scientific matters involved in the decision on the part of the participants, using criteria judged by the public itself.


2013 ◽  
pp. 988-1008
Author(s):  
Dimitra Florou ◽  
Dimitris Gouscos

In this chapter we support the view that communities of practice (CoPs) with the support of social media can serve the education for citizenship and sustainability, with a clear benefit on citizens' culture towards future public reforms. This has led to the development and implementation of the policy for sustainability, which is a European and national strategic objective. The chapter begins with a small analysis of public sector reform towards sustainability and the presentation of the basic principles of education for sustainability and citizenship (ESDC) and the model of CoPs and the social media that facilitate their use. It focuses on the analysis of the three models of belonging -engagement, imagination, alignment- in the application of CoPs for ESDC. In combination with this analysis we demonstrate that CoPs can be supported by social media. Finally the chapter reinforces the view that the development of such communities in education offers on the long run the ability to remodel the public sphere, strengthen public consultation, promote proposals from the citizens, promote the policy of sustainability, and finally, the efficient use of new technologies, both in society and education.


2018 ◽  
Vol 34 (S1) ◽  
pp. 151-152
Author(s):  
Tacila Mega ◽  
Roberta Rabelo ◽  
Aline Silva ◽  
Artur Felipe de Brito

Introduction:Public consultation is one of the phases provided by the law that rules the health technology incorporation process in Brazilian Public Health System (SUS). In the Brazilian model, anyone can participate as long as he/she identifies her/himself. During the decision-making process these suggestions are analyzed by the National Committee for Health Technology Incorporation (CONITEC) and, sometimes, they are responsible for changing a preliminary recommendation for a technology. This study aims to identify the health technologies for which CONITEC revised the initial negative recommendations due to the contributions received during the public consultation.Methods:A descriptive study using as input data the information on coverage decisions available on the CONITEC website.Results:Since CONITEC's creation until October 2017, CONITEC enacted 241 public consultations. Fifteen cases of change to the preliminary negative recommendation were found and among these eight (53 percent) had the economic studies or proposed technology price reconsidered by the companies. In the other seven decisions, the Board also regarded as important the reasons for changing the initial recommendation: new evidence on efficacy and safety as well as the analysis of different outcomes previously unconsidered in the preliminary assessment.Conclusions:During the public consultations, besides technical-scientific information, personal experiences and opinion reports on each health technology analyzed, CONITEC received new price offers and economic studies from the applicants. This new material has allowed, in some cases, these technologies to become competitive and to be included as alternatives to those already available, provided there is no clinical impairment. This study reinforces the importance of the public consultation and social participation in the process of health technologies incorporation in Brazil, considering its capacity to add new information to the decision-making process.


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