Did you know that having a citizen participation website became mandatory for all municipalities in Andalusia in January 2020? Or that Madrid introduced a new citizen participation law in April 2019? In others regions, financial compensation is offered for participation, and the regional governments provides online support for participatory processes in its municipalities.
If you’re new to a role as a councilor or adviser on citizen participation, some of this information might not yet be on your radar. Even for municipal staff already familiar with these topics, a refresher can be useful. That’s why we’ve put together this summary of the regulatory framework for citizen participation, focusing on the updates introduced by various regional laws published between 2010 and 2019. If you have any questions or suggestions, feel free to contact us.
International context of citizen participation
Recent crises in institutional legitimacy have led many to see transparency and citizen participation as key to restoring trust in public institutions. This was one of the driving forces behind the creation of the Open Government Partnership by the United Nations in 2011, an international initiative that monitors national and regional action plans in 79 countries. The use of digital tools to enhance interaction between governments and citizens is a core element of these plans. However, citizen participation is not just a tool to address past issues - it is a fundamental pillar of democratic systems. To better understand its role in modern governance, it’s worth revisiting key legal frameworks that support it.
National regulations on citizen participation
The concept of "participation" appears multiple times in the constitutions and legal frameworks of various countries, emphasizing the role of public authorities in facilitating citizen involvement in political, economic, cultural, and social life.
Laws governing local government structures often highlight the importance of municipalities as the closest level of administration to citizens. These laws typically define residents' rights to petition for information, propose initiatives, request hearings, or collaborate with local authorities.
Interestingly, while many legal frameworks encourage participation, they also clarify that participation mechanisms cannot override the decision-making power of local governments. This contrasts with some initiatives that label participation platforms as "decision-making" tools, even when final decisions remain in the hands of government officials.
Local regulations on citizen participation
Compared to some countries, citizen participation at the local level still has room for improvement. Many participation mechanisms exist within legal frameworks but are not fully utilized due to lack of awareness or political will. Some of the most well-known mechanisms include participatory budgeting and public consultations.
Each local government has its own regulations on participation, which can vary significantly. Some merely echo national laws, while others introduce innovative new measures.
In the absence of a national law standardizing participation, the level of citizen engagement and access to participatory tools can differ widely from one municipality to another. This has led many regional governments to establish their own participation laws to provide greater clarity and structure.
Regional citizen participation laws
Most regions have introduced laws regulating citizen participation. In some cases, these laws are part of broader governance or transparency regulations, while others focus exclusively on participation. Some regions have also extended participation requirements to municipalities, ensuring local governments provide engagement opportunities for residents.
Regional laws differ widely in scope and ambition. Some regions define participation narrowly as a form of oversight of public affairs, while others take a broader approach, recognizing citizen involvement as a key element in shaping and evaluating public policies. At Kuorum, we've been supporting local governments with its first steps in citizen participation since 2013.
Many regions provide support to smaller municipalities, whether directly or through provincial governments. A common theme across most of these laws is the encouragement - or requirement - of digital tools to facilitate citizen participation.
Technology for citizen participation
Whether mandated by law or encouraged as best practice, technology plays a crucial role in boosting participation rates and reducing the workload for municipal departments. If you're looking to implement digital participation tools in your municipality, it's important to choose the right technology to meet both legal requirements and community needs. In our Citizen Participation Report, we explore how digital tools can help engage younger audiences and increase overall participation rates. If you have any questions or need guidance, don’t hesitate to contact us.
