LEGAL FRAMEWORK AND CURRENT PRACTICE IN MEMBER STATES Workshop on participatory budgeting Neza Vodusek, CDLR Rapporteur Slovenia

PURPOSE The issue of PB addresses several challenges stemming directly from the Utrecht Declaration. Those challenges are: Managing the impact of the current financial/economic crisis. Addressing the low level of democratic participation in public life at local and regional level. Reducing the complexity and cost of the current system of local and regional government and enhancing its efficiency. Enhancing the capacity for and quality of governance in local and regional communities or authorities. Improving access to public services delivered at local and regional level.

QUESTIONNAIRE The questionnaire was set to achieve relevant answers regarding the position of PB in the member states: 1.part: description of legislation or regulation regarding PB. 2.part: activities of the countries in the PB process regarding known ways of participation at local level. 3.part: assessment of the PB and drawing up further steps for the governments. 4.part: those countries that have no legislation had to indicate if there are any steps or measures expected in introducing the legislation.

NATIONAL AND REGIONAL LEGISLATION  Eight out of twenty-four respondent countries have adopted regulations at the national or/and regional level as well as at the lower/secondary level: Belgium (Region of Brussels Capital) Bulgaria, Denmark, Georgia, Greece, Malta, Poland and Slovenia.  All of those countries have regulations at the primary level.  Regulation at the secondary level consists of different acts used in the procedure for adopting budgets.

THE EFFECT OF THE LEGISLATION  For those countries with legislation or regulation on participatory budgeting, the question that arises is whether that legislation affects all levels of local/regional self-government.  In Bulgaria, Greece and Slovenia, the legislation obliges local authorities to use participatory budgeting as a form of decision making process. Local authorities are obliged to implement the participatory budgeting process.  In other countries, local authorities are free to decide whether to introduce participatory budgeting.

ACTIVITIES IN THE PARTICIPATORY BUDGETING PROCESS Distribution of the text Publishing the draft budget on the website Public hearings, round tables, opinion polls Allowing all interested parties to make comments within the time limit set by the local authority Online-surveys, district/neighbourhood meetings, promoting good practices and advice

OBLIGATIONS AFTER RECEIVING CITIZENS’ COMMENTS  Only a few countries have an obligation to consider all comments and incorporate them in the revised text of the budget.  Some countries have to give an explanation why citizens’ comments have not been incorporated in the revised text of the budget.  In most countries, there is no legal obligation to incorporate citizens’ comments. Local authorities – politicians and local administration - consider the comments and take decisions whether to incorporate them or not.

ASSESSMENT OF PARTICIPATORY BUDGETING Important new tool of citizen participation!!! A policy for stimulating citizens’ participation vis-à-vis central government and local/regional authorities Encourages transparency! Promotion of legal tools and procedures for bringing services closer to citizens, An useful tool in helping local public agencies to engage with local people, give local people more influence over public decisions and encourage a more active role in how local services are delivered.

CLASSIFYING THE CHALLENGE OF PARTICIPATORY BUDGETING Bulgaria, Georgia and Turkey find it a high priority In Belgium Walloon Region, Denmark, Greece, Latvia, Poland, Slovenia, Spain and United Kingdom it is considered a fairly high priority. In Austria, Belgium Flemish Region, Czech Republic, Estonia, France, Lithuania, Luxemburg, Monaco and Portugal the challenge of participatory budgeting is a low priority.

FURTHER STEPS Specific actions envisaged and specific actions that are underway: Increasing awareness and creating capacity; “Supervising” the experimental stage of introducing participatory budgeting; Establishing a pilot project to show how participatory budgeting functions in one or several municipalities and how it can be carried out; Encouraging interested parties to step up their effort in participating in the making of local/regional policy; Adopting different strategies and policies to support citizens’ independence in the making of local/regional policy, so as to increase their participation in local development; Creating conditions for the citizens to participate in; Expanding the scope of municipal council acts to be adopted pursuant to public discussion.

COUNTRIES THAT HAVE NO NATIONAL AND REGIONAL LEGISLATION Eighteen countries replied that they have no national and regional legislation/regulation on participatory budgeting. The initiative is underway The initiative was attempted but was not successful Participatory budgeting is not considered important or necessary It is not within the competence of the central government Local and regional authorities are dealing with this issue directly It has not been considered (yet)

CONCLUSION The report shows that an important development has been achieved in increasing the level of citizens’ participation in the field of participatory budgeting. Member states have taken a serious approach in broadening the scope of citizens’ participation, allowing thus a large number of citizens the possibility of participating in an area that is so important for future development at local/regional level.

FURTHER STEPS… In those countries that have adopted legal/regulatory principles, it is necessary to monitor their implementation, if possible; as the results of the questionnaire show, the use of participatory budgeting tools is in the hands of local/regional authorities. There is a significant number of countries that nave no legislation on the possibility of citizens’ participation in the field of budgetary discussion. The majority of them indicated that the challenge of participatory budgeting is a fairly high priority or low priority

THANK YOU VERY MUCH FOR YOUR ATTENTION!