Public Comment Periods for Legislation

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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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Public Comment Periods, July 2013

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


Switzerland 13

Statutory Basis 13

Procedure 13


Germany 15

Statutory Basis 15

Procedure 16


Croatia 17

Statutory Basis 17

Procedure 18Specific Features 19

Macedonia 19

Statutory Basis 20

Procedure 20



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Conclusion 22

Comparison Chart 23


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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. 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



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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


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


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




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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


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



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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


http://ras.sagepub.com/content/78/1/134.56

Dacian C. Dragos,Procedural Transparency in Rural Romania: Linking Implementation with Administrative


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


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


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


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


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




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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


means.pdf.70

Law on Freedom of Electronic Information art. XC (Hungary, 2005), available at


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




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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


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


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




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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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14

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,


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-


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 ,


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-


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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16

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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17

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




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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


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


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


http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.130OSCE, Transparency and Public Participation in Law Making Processes: Comparative Overview and


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


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


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


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


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


http://www.ecnl.org/dindocuments/381_Transparency%20in%20Law%20Making%20Eng.pdf.


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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.

Documents

Public Comment Periods for Legislation