Public administration as we know it is about to change. A major driving force behind this shift is the Common Administrative Procedure Act. One of the key innovations introduced by this regulation is the mandatory step of preliminary public consultations, making online citizen participation a crucial requirement in the development of regulations.
In this post, we’ll explain everything you need to know to comply with this regulation. We’ll also share five key strategies to maximize its impact. If you have any questions or want to learn more, feel free to contact us.
The end of the grace period
This new regulation, which came into effect in 2016, regulates interactions between public administrations and citizens. Its goal is to modernize public administration processes by integrating digital tools, making operations more efficient, transparent, and interoperable. However, due to its complexity, the transition has been delayed multiple times.
But there will be no more extensions. The deadlines for full digital transformation are set to expire soon, and by then, all local governments will be required to operate entirely online.
Citizen opinions matter
Digital transformation will impact, among other things, the rule-making process. According to Article 133 of the Common Administrative Procedure Act, public institutions must take citizen participation a step further. Since 2020, local entities have been required to comply with a new step: preliminary public consultations. What does this involve? Before drafting a new regulation, governments must gather input from citizens, businesses, and organizations through an online participation platform.
These consultations must take place during the early stages of drafting new regulations or modifying existing ones. Citizens and organizations must be given at least 20 days to participate. The department responsible for the proposed regulation is also responsible for conducting the consultation through an online platform. This means that any regulatory initiative must be supported by a digital space where citizens can access information and share their input.
5 keys to making the most of public consultations
The goal is to involve citizens in identifying the issues a regulation seeks to address, assessing its necessity, and evaluating its objectives. Additionally, it provides an opportunity for citizens to suggest alternatives if they disagree with the proposed approach. The purpose of these consultations is to provide valuable insights to decision-makers. So, how can you maximize the effectiveness of public consultations? Here are five key strategies:
- Engage with citizens: Encouraging participation requires effectively managing incentives and expectations. People need to feel heard. After a consultation, it’s essential to acknowledge key contributions and explain why certain suggestions were adopted while others were not. A great example of this approach is the Greater Manchester Combined Authority’s collaborative regulation project.
- Use clear and accessible language: Most citizens are not familiar with regulatory drafting procedures, which can discourage participation. Using plain language and a more engaging communication style can significantly improve results. Cities like Vienna and Elche have successfully increased participation rates by adopting these strategies.
- Develop a communication plan: If people don’t know about the consultation, they won’t participate. Raising awareness and emphasizing the importance of public input is essential. A regional government in Menorca combined in-person workshops with online initiatives to gather high-quality proposals that translated into real policy changes.
- Establish standardized guidelines for all consultations: Local governments often undertake multiple regulatory projects. If each consultation follows different procedures, the process can become confusing. Standardized guidelines make it easier for citizens to engage. Madrid’s approach to uniform consultation standards is an excellent example of this best practice.
- Ensure an attractive and user-friendly participation platform: The digital platform should be clear, simple, and accessible. Additionally, as required by legal frameworks for digital governance, it must be interoperable. A well-integrated and user-friendly website makes it easier for citizens to engage. Some local governments, such as Rivas Vaciamadrid, have successfully implemented interactive and interoperable participation platforms with positive results.
Online participation is a priority
Further delays are unlikely. According to the European eGovernment Action Plan 2016-2020 and recommendations from international organizations such as the OECD, online citizen participation must be implemented as soon as possible.
Failing to conduct preliminary public consultations can have serious consequences for local governments. From October 2020 onward, regulations that bypass this step could be declared invalid. This is why an increasing number of local governments recognize the importance of complying with the Common Administrative Procedure Act’s participation requirements - though not all are equally prepared.
Turning public consultations into an opportunity
Shifting to online participation is not always easy. One of the first challenges is selecting a technology that meets both operational needs and budget constraints. At Kuorum, we have years of experience supporting local and regional governments in multiple countries with digital participation projects. Our solutions help increase engagement rates while reducing the workload for government teams - turning every participatory process into an opportunity to better understand citizen concerns and priorities. If you’re looking to comply with online participation regulations and think we can help, feel free to contact us - no commitment required.
