Public Participation in Legislative Process in Slovakia Public Participation in Legislative Process in Slovakia JUDr. Milan VETRÁK

Public participation in international context International level (Aarhus Convention – environmental matters) International level (Aarhus Convention – environmental matters) European level (Treaty establishing the Constitution for Europe – Article I-47) European level (Treaty establishing the Constitution for Europe – Article I-47)

Publicity and normative act legal expression of political will legal expression of political will formal expression of political will formal expression of political will

Participation of public (advantages) a possibility to improve the quality of legislation by means and in line with rules (legality, legitimacy and better law-making) a possibility to improve the quality of legislation by means and in line with rules (legality, legitimacy and better law-making) a possibility to defend own rights affected by the proposed legislation (equality and legal certainty) a possibility to defend own rights affected by the proposed legislation (equality and legal certainty) socio-psychological aspects (feeling: „I am involved“) and possible impetus from the wide public as indirect legislative initiative socio-psychological aspects (feeling: „I am involved“) and possible impetus from the wide public as indirect legislative initiative

Participation of public (disadvantages) absence of legal and/or professional background at the side of wide public absence of legal and/or professional background at the side of wide public negative effect of various limits leading to predominance of interest groups instead of wide public negative effect of various limits leading to predominance of interest groups instead of wide public prolongation and slow-down of the legislative process prolongation and slow-down of the legislative process

Three levels Parliamentary level Parliamentary level Governmental level Governmental level Local level Local level

Parliamentary level Rules of Procedure Rules of Procedure (of the National Council of the Slovak Republic - Parliament) Act No. 350/1996 Coll. as amended basic rules Legislative rules Legislative rules (of the Parliament) Resolution No. 519/1996, published in Coll. under No. 19/1997 detailed rules, but no reference concerning the public participation

Parliamentary level attendance at the plenary sessions and at the meetings of parliamentary committees attendance at the plenary sessions and at the meetings of parliamentary committees appointments with concrete deputies (Members of Parliament) appointments with concrete deputies (Members of Parliament) possibility to petition the Parliament (threshold is persons) possibility to petition the Parliament (threshold is persons)

Governmental level Legislative rules of the Government (Resolution No. 241/1997 as amended) Legislative rules of the Government (Resolution No. 241/1997 as amended) Methodical instruction of the Head of the Office of the Government (foremost instructions concerning electronic legislative process, very technical) Methodical instruction of the Head of the Office of the Government (foremost instructions concerning electronic legislative process, very technical)

Participation in the legislative process Through the system of expressing comments and remarks to the draft Through the system of expressing comments and remarks to the draft Only qualified comment - definition: Only qualified comment - definition: „A motion to correct draft law brought within the determined period. It must be clear, justified and considered to have a legislative asset.“

Participation in the legislative process Correction of draft law – amendment, addition, deletion, abolition or clarification of the text Correction of draft law – amendment, addition, deletion, abolition or clarification of the text Determined period – 15 working days from the publication of draft law on the website or 7 working days if shortened due to exact reasons (e.g. shortcomings in commitments towards EU or human rights at stake) Determined period – 15 working days from the publication of draft law on the website or 7 working days if shortened due to exact reasons (e.g. shortcomings in commitments towards EU or human rights at stake) 2 types of comments – normal and principal 2 types of comments – normal and principal

Participation in the legislative process Principal comment – categorical disagreement with the proposal or its part Principal comment – categorical disagreement with the proposal or its part „comments settlement proceedings“ – to settle all principal comments, obligatory also with public, if: „comments settlement proceedings“ – to settle all principal comments, obligatory also with public, if: 1. More than 500 persons involved with the same comments 2. The official plenipotentiary representing the public

Participation in the legislative process Evaluation of comments and statement of the authority submitting the draft law that there are no principal comments unsolved in the draft – forming an integral part of the legislative material Evaluation of comments and statement of the authority submitting the draft law that there are no principal comments unsolved in the draft – forming an integral part of the legislative material Legislative Council of the Government and final decision of the Cabinet – with the possible presence of the plenipotentiary of the public, if principal comments has not been solved Legislative Council of the Government and final decision of the Cabinet – with the possible presence of the plenipotentiary of the public, if principal comments has not been solved

Local level Municipal Law (Act No. 369/1990 Coll. as amended) Municipal Law (Act No. 369/1990 Coll. as amended) Law on Self-Governing Regions (Act No. 302/2001 Coll. as amended) Law on Self-Governing Regions (Act No. 302/2001 Coll. as amended)

Participation in the legislative process The same regulatory framework in general for both local levels The same regulatory framework in general for both local levels The concept of comment and principal comment is the same as at governmental level The concept of comment and principal comment is the same as at governmental level Determined period – 10 days from publication of the draft regulation on the municipal board and on the municipal website (if any) Determined period – 10 days from publication of the draft regulation on the municipal board and on the municipal website (if any)

Participation in the legislative process Evaluation of comments as an integral part of the legislative material – 3 days before the session of local Parliament Evaluation of comments as an integral part of the legislative material – 3 days before the session of local Parliament No system of comments and remarks if justified by exact reasons (e.g. in case of natural or man-made disaster or in order to prevent excessive property damages) No system of comments and remarks if justified by exact reasons (e.g. in case of natural or man-made disaster or in order to prevent excessive property damages)

Participation in the legislative process Important difference between 2 local levels – at the level of self-governing regions there is also possible to make comments as a member of organized group, if: Important difference between 2 local levels – at the level of self-governing regions there is also possible to make comments as a member of organized group, if: 1. More than 200 persons involved with the same comments 2. The official plenipotentiary representing the public minutes for presentation of a comment by plenipotentiary at the session of the local Parliament

Support mechanisms Lodging of applications in the form of information requests in line with Freedom of Information Act (general framework) Lodging of applications in the form of information requests in line with Freedom of Information Act (general framework) Appointments with state officials holding the position of extraordinary importance (governmental level) Appointments with state officials holding the position of extraordinary importance (governmental level) Obligatory publication of preliminary information concerning the draft legislation (governmental level) Obligatory publication of preliminary information concerning the draft legislation (governmental level)

Considerations „de lege ferenda“ 1. To adopt the law regulating lobbying 2. To adopt public participation in the legislative process on a statutory basis and separate it from lobbying 3. Technical regulation of some issues – threshold for the public and problem of overlapping of various legal institutes

Thank YOU for your attention JUDr. Milan Vetrák