This chapter assesses existing processes to involve citizens and stakeholders in law and decision making in Romania. It examines key legal and policy frameworks and institutions. It reviews perceptions of participatory practices and identifies opportunities and challenges to making stakeholder participation more effective, inclusive and impactful. It further reviews the potential for adopting new and more innovative approaches to citizen participation. Recommendations are provided on strengthening current practice.
Civic Space Review of Romania
OECD Public Governance Reviews
6. Citizen and stakeholder participation in Romania
Abstract
6.1. Introduction
The OECD Recommendation of the Council on Open Government, to which Romania adhered in 2020, encourages governments to “grant all stakeholders equal and fair opportunities to be informed and consulted and actively engage them in all phases of the policy cycle and service design and delivery” (OECD, 2017[1]). The recommendation also notes the importance of governments making concentrated efforts to reach out to the most vulnerable, marginalised or underrepresented groups in society (OECD, 2017[1]) and defines different forms of involvement in the policy cycle and in service design and delivery, namely information,1 consultation2 and engagement.3 Furthermore, governments are encouraged to explore and promote innovative ways – including using new digital and technological tools – to involve citizens of all demographics in public decision making (OECD, 2017[1]).
In addition, the Open Government Declaration, which Romania adopted as a member of the Open Government Partnership (OGP) from 2011, emphasises states’ commitment to supporting citizen participation of all people, equally and without discrimination, in decision making and policy formation (OGP, 2011[2]). The declaration explicitly states the benefits of involving individuals, recognising that people’s knowledge, ideas and ability to provide oversight help ensure the effectiveness of governments. OGP members commit to “making policy formulation and decision-making more transparent, creating and using channels to solicit public feedback, and deepening public participation in developing, monitoring and evaluating government activities”, as well as to “protecting the ability of not‑for‑profit and civil society organisations to operate in ways consistent with [their] commitment to freedom of expression, association and opinion”. The declaration likewise contains a commitment to “creating mechanisms to enable greater collaboration between governments and civil society organisations and businesses” (OGP, 2011[2]).
The participation of both individuals and groups such as civil society organisations (CSOs) in public decision-making processes lies at the very heart of open government, while their ability to do so is at the core of a healthy and vibrant civic space. By considering and using citizens’ experience and knowledge, citizen participation helps public institutions tackle complex policy problems and leads to better policy results (OECD, 2022[3]). In the long term, effective participation can make government more effective, yield more people-centred policies, laws and programmes that focus on real needs, and ultimately help to increase trust in government (OECD, 2022[3]). As stakeholder participation is one of the core principles of open government, the contents of this chapter of the Civic Space Review of Romania are fully in line with the findings in the OECD’s forthcoming Open Government Review of Romania (forthcoming[4]).
6.2. The general context for citizen and stakeholder participation in Romania
The Varieties of Democracy (V-Dem) Civil Society Participation Index, which measures the extent to which CSOs are routinely consulted by policy makers and includes other indicators, such as how widely citizens are involved in CSOs, shows that over the last decade Romania has had slightly lower scores than OECD Members and European Union (EU) member states on average. Despite a drop in 2016-20, Romania’s score stood at 0.76 in 2021, compared to the average scores of EU member states and OECD Members, both at 0.85 (Figure 6.1).
Figure 6.1. V-Dem Civil Society Participation Index: Romania, EU member states and OECD Members, 2011-21
Note: V-Dem asks: “Are major CSOs routinely consulted by policy makers; how large is the involvement of people in CSOs; are women prevented from participating; and is legislative candidate nomination within party organisation highly decentralised or made through party primaries?” The scores range 0-1 (low to high).
Source: V-Dem Institute (2021[5]), Variable Graph, https://www.v-dem.net/data_analysis/VariableGraph/ (accessed on 14 June 2022).
Generally, legislation in Romania covers many different forms of citizen and stakeholder participation, ranging from voting in elections and referenda to taking part in citizen petitions and consulting citizens and CSOs in public decision-making processes. Numerous related policies, mechanisms and bodies are in place (see section on the key legal and policy frameworks and institutions governing participation). In addition, there have been some examples of successful involvement of citizens at the local level, notably via specialised online participation platforms (see section on strengthening participation at the sub-national level, below). Moreover, certain non-governmental initiatives have galvanised support for policy issues, such as the online petitions and campaigns platform Declic4 (https://www.declic.ro/), which was established and is managed by citizens. The platform has had a positive effect on encouraging recent legal reforms, for example, with respect to changing citizens’ voting age, making amendments to the Criminal Code to ensure accountability for crimes and introducing revisions to legislation on the judiciary.
In a technical sense, relevant laws and mechanisms for citizen and stakeholder participation are largely adhered to in Romania; however, there is room for improvement. Efforts tend to focus on organised stakeholders, such as CSOs, trade unions and other formalised actors, rather than ordinary citizens. In general, involving citizens in policy- and law-making processes is not a prevalent practice and is not part of Romania’s administrative culture.5 While the law does provide for citizen and stakeholder participation in public meetings, this does not happen very frequently in practice (for more information, see the section on participation in public meetings). Furthermore, interviews with both government and civil society representatives indicated that, in practice, consultations among CSOs on laws and policies are often insufficient.6 In addition, the main law on consultations, Law 52/2003 (Government of Romania, 2003[6]), focuses mostly on consultations on draft legislation, not on citizen and stakeholder participation in the early stages of the policy- and decision-making process. Overall, participation processes are perceived as formalistic, with little focus on exploring additional, more innovative methods, uneven feedback mechanisms and limited understanding among public officials of the benefits.7
There is thus significant potential for Romania to seize opportunities identified in this Civic Space Review, the OECD Open Government Review of Romania (forthcoming[4]) and, crucially, the development of a national Open Government Strategy to take a more citizen-centred and innovative approach to citizen and stakeholder participation with benefits for the whole of society. Cross-learning across government will be key to the process to further recognise, exploit and communicate the benefits of collaboration in the public sector.
6.2.1. Stakeholder perceptions of participation practice
In practice, public bodies in Romania use a range of mechanisms to engage with citizens and stakeholders during public decision-making processes. Figure 6.2 illustrates that in-person meetings and roundtable discussions, online communication via social media and permanent, institutionalised bodies (e.g. social dialogue commissions and councils) are the most popular.
Figure 6.2. In the past three years, through which means has your institution engaged citizens and stakeholders in policy- and decision-making processes?
Note: The data is based on 20 responses from public institutions/ministries.
Source: OECD (2022[7]), “Survey on Open Government for Romanian Public Institutions”, OECD, Paris, in OECD (forthcoming[4]), Open Government Review of Romania, OECD Publishing, Paris.
Figure 6.3 indicates that public bodies and ministries believe the extent to which they engage citizens and stakeholders is sufficient: 73% of respondents to the 2022 Survey on Open Government for Romanian Public Institutions said that they interact with citizens and stakeholders “enough” while only 9% said that interactions are “not enough” (OECD, forthcoming[4]). During the OECD fact‑finding mission, it was noted, however, that many government interviewees appeared to see consultations and citizen participation as more of a burden or a legal duty than a useful tool for policy and law making or a way to enhance citizen-centred policy making and democratic governance more broadly.8 In fact, the current approach has occasionally led to the adoption of draft laws or policies while public consultations were still ongoing (see section on improving participatory processes for greater impact), as reported by civil society.9 A lack of understanding of the benefits of participatory processes and the potential advantages of improving them has in some cases led to a general lack of CSO interest in engaging with public officials. Overall, public officials and CSO representatives expressed feelings of mutual distrust during the fact-finding mission, and both groups lamented the absence of a clear path towards improved relations.10 These attitudes have consequences for the effective implementation of legislation on citizen and stakeholder participation, most notably Law 52/2003.The short- and medium-term effects are that although the law is followed de facto, the actual benefits of citizen and stakeholder participation are neither seen nor gained, as stated by the General Secretariat in its 2021 analysis (General Secretariat of the Government, 2021[6]). It cited the lack of a comprehensive approach to consultations in public institutions, bottlenecks and dysfunctions during consultations, and the failure to take up civil society suggestions, as reasons for this. Opportunities to introduce perspectives which are different from those of the government or parliament – by involving individuals who will be affected by new laws or policies and engaging with stakeholders who have in-depth, grassroots-level knowledge in key areas – therefore remain limited. The long-term effects of this approach, whereby the letter of the law is followed without achieving its actual purpose, are a lack of engagement and ownership of policies and services by citizens and civil society and low trust in public bodies. Ensuring better collaboration and fostering partnership in law and policy making, with civil society in particular, will require a change in the mindset of public authorities and necessitate a firm belief in the added value of citizen and stakeholder participation (for more on these matters, see the section on addressing obstacles to making participation more effective and inclusive, as well as Chapter 1).
Figure 6.3. To what extent do you think your institution involves citizens and stakeholders?
Note: N=22.
Source: OECD (2022[7]), “Survey on Open Government for Romanian Public Institutions”, OECD, Paris, in OECD (forthcoming[4]), Open Government Review of Romania, OECD Publishing, Paris.
Nevertheless, CSOs report improvements in both the quality and quantity of citizen and stakeholder participation over the past 3 years, with 38% of respondents to the Survey on Open Government for Romanian Public Institutions noting a slight improvement in the quantity and 43% observing a slight improvement in the quality of participation (Figure 6.4) (OECD, forthcoming[4]). There is therefore potential to build on perceived successes to further enhance CSOs’ willingness to participate in these processes. That said, it is not an entirely positive picture, as almost a quarter (24%) of surveyed CSOs underlined a slight decline in quantity and 29% a slight decline in quality, suggesting that their experiences likely depend on their areas of work, as well as on the public bodies with which they interact. It could be beneficial for the government to conduct research focusing on the needs of different parts of civil society to better understand their experiences, in addition to championing public institutions which are performing well.
Figure 6.4. How would you describe the evolution of citizen and stakeholder participation in Romania in the past three years?
Note: No responses were received for the option “significant improvement” regarding the quality of opportunities to participate. N=21.
Source: OECD (2022[8]), “Survey on Open Government for Non-public Stakeholders”, OECD, Paris, in OECD (forthcoming[4]), Open Government Review of Romania, OECD Publishing, Paris.
6.3. Key legal and policy frameworks and institutions governing participation
Romanian law covers numerous different forms of citizen and stakeholder participation and, in some cases, goes even further than other states by regulating matters such as public consultations and meetings. Democratic participation in public life is encouraged at the highest level in Romania, with the constitution guaranteeing: citizens’ right to petition (Article 51); citizens’ right of legislative initiative (Article 74); obligatory co‑operation between the government and “social bodies” (Article 102, para. 2); and the existence of the Economic and Social Council, which Article 141 describes as an advisory body of parliament and government (Ministry of Justice, 1991[9]). Law 3/2000, on the other hand, details the procedure for initiating and organising a referendum, which may be held based on a proposal to revise the constitution, on removing the president from office and on matters of national or local interest (Library of Congress, 2021[10]).11
The constitutional right to petition under Article 51 allows citizens and legally established organisations to address petitions to public authorities, with procedural details reflected in Government Ordinance 27/2002 on the Regulation of the Activity of Solving Petitions (Ministry of Justice, 2002[11]). At the same time, the right of legislative initiative under Article 74 of the constitution provides citizens with a more direct means of engaging in public affairs by allowing 100 000 citizens to submit draft laws to parliament, provided these citizens are entitled to vote, that they come from at least one-quarter of the country’s counties (plus Bucharest) and that in each of these at least 5 000 signatures are registered in support of the initiative. Citizens’ initiatives may not, however, touch on matters concerning taxation, international affairs, amnesty or pardon. Law 189/1999 on citizen legislative initiatives (Ministry of Justice, 1999[12]) details the procedure and conditions for initiating and submitting a draft bill by citizens (Library of Congress, 2021[10]).
Law 52/2003 on Decisional Transparency in Public Administration and Law 367/2022 on Social Dialogue are among the central acts concerning stakeholder and citizen participation in policy- and law-making processes, which is the main focus of this chapter (Government of Romania, 2003[6]; Ministry of Justice, 2022[13]). Romania is one of few countries to have as anything like Law 52/2003 dedicated specifically to citizen and stakeholder participation in the policy-making process (OECD, forthcoming[4]). Based on Article 2 of the law, authorities have a duty to inform the public and hold public consultations on all draft laws and regulations (Library of Congress, 2021[10]) (see sections on public consultations on draft acts and participation in public meetings below).
The general obligation to engage stakeholders and the wider public and to ensure their participation in public administration decisions, more specifically the drafting of legislation, is reflected in the basic “principle of transparency” set out in Article 8 of the Administrative Code of Romania, adopted through Emergency Ordinance 57/2019 (Ministry of Justice, 2019[14]). Under Government Decision 137/2020, the General Secretariat of the Government (hereafter “General Secretariat”) is responsible for elaborating and implementing policies relating to open government, transparency and access to information of public interest, in addition to public consultations and increasing the operational capacities of non-governmental organisations (NGOs) (Ministry of Justice, 2020[15]).
Law 367/2022 on Social Dialogue (Ministry of Justice, 2022[13]) was adopted and entered into force at the end of 2022. Replacing and updating the previous Law 62/2011 of the same name, it regulates communication and the conclusion of agreements with so-called “social partners” (meaning trade unions or trade union organisations, employers or employers’ organisations, as well as representatives of public administration authorities) on matters of common interest. Ministries and other public institutions involve these partners in decision-making processes on a regular basis via social dialogue bodies and commissions, thereby creating more permanent channels of participation which go beyond discussions on individual draft policies and laws.
Law 248/2013 on the Organisation and Functioning of the Autonomous Economic and Social Council outlines the independent nature of this body, providing impartial and neutral oversight of draft normative acts prior to their finalisation and adoption, and conducting research and monitoring tasks described in the law. The law likewise outlines the tasks and functioning of the council. Laws 350/2006 and 272/2004 respectively address the participation of young people and children in decision-making processes (see Table 6.1).
Table 6.1. Overview of selected legal frameworks regulating citizen and stakeholder participation in Romania, 2022
6.3.1. Public consultations on draft normative acts
Law 52/2003 outlines different forms and processes for citizen and stakeholder participation, notably public consultations on draft acts and participation in public meetings (Government of Romania, 2003[6]). This law does not apply in cases where the drafting of acts and meetings involves classified information,12 information that needs to remain confidential in the interests of fair competition13 or information on personal data (Article 6). According to Article 2, involvement in decision making and drafting of acts must follow certain rules. Namely, related sessions and debates organised by public authorities and institutions should be public and these debates and minutes of such events recorded, published and, in the case of minutes, archived. Where a public administration authority drafts a law or other regulation, Article 7 of the law stipulates key obligations for the relevant authority, which include:
Publishing an announcement regarding the drafting of the act on its website (at least 30 working days prior to its endorsement by the competent public authorities).
Displaying the announcement at its premises in a space accessible to the public.
Forwarding the announcement to central or local media.
Transmitting the act to all persons who have submitted an application to receive related information.
Article 7 states that the announcement should include the full text of the act itself, as well as supporting documentation, notably a “statement of reasons” (such as the reasons behind the draft act), an impact and/or feasibility study, and the time (at least ten calendar days) and manner in which interested persons may submit recommendations. In practice, draft acts are published online, on the websites of different ministries and municipalities (for further information, see Table 6.3), and most comments are likewise received online. The process is open, with no restrictions on who may provide input; the only limitation is that recommendations must be provided in writing. While the law foresees citizen participation, there are few cases of direct involvement of citizens in decision-making processes, at least at the central level (for examples of sub-national citizen platforms, see Box 6.1). A review of key ministry websites demonstrated that, in practice, regardless of the topic or complexity of a draft act, citizens and stakeholders are usually asked to submit their input within the minimum period of ten calendar days provided by law,14 which can be a restrictive deadline.
Similarly, a 2021 analysis from the General Secretariat evaluating central and local administration practices in decision-making processes confirmed that, among public authorities surveyed, only 24% frequently organised public consultations beyond the 10-day term established by law (General Secretariat of the Government, 2021[16]). At the same time, this analysis identified a trend whereby in the 3 preceding years, only approximately 50% of the acts adopted had undergone public consultations; of the other acts adopted, fewer than 10% had been passed via emergency procedures, indicating that the application of such procedures was not the reason for the low number of public consultations undertaken prior to legislation being passed.
Where public consultations do take place, legally established associations or other public authorities may request in writing that a public debate be held on a draft act (Article 7); in such cases, the competent public authority is obliged to organise such a debate within ten days of its being announced. Public debates follow special rules set out in Article 7, para. 10 of the law, based on which the initiating authority needs to publish information on the procedure of the debate and ensure all participants have had the opportunity to express their recommendations on the act in question. Debate minutes, as well as collected written recommendations, different draft acts, endorsement reports and the act’s final version should be made publicly available on the website of the public authority within ten calendar days.
Law 52/2003 also applies to stakeholder participation at the local level, for county councils, local councils, mayors, institutions and public services of local or county interest (Article 4). Likewise, local administrations are stakeholders with respect to acts drafted at the central level and must be consulted, as set out in Article 86 of the Administrative Code. Based on this provision, central public administration authorities engaged in legal drafting are required to consult associative structures of local public administration authorities, including associations of Romanian communities, cities, municipalities and a union of county councils.
In the abovementioned 2021 analysis, the General Secretariat noted that while the current normative framework establishes legal mechanisms capable of stimulating participation and establishing a solid collaborative relationship with civil society, the use of such mechanisms fails to make a real contribution to improving the quality of public decision making (General Secretariat of the Government, 2021[16]). In this regard, it has identified as key challenges the need to improve the overall legal and procedural framework regarding the organisation of consultation processes and its lack of uniform application, noting discrepancies in how different public authorities interpret the law (General Secretariat of the Government, 2021[17]). To remedy this, and as required by Emergency Ordinance 16/2022, the General Secretariat released Methodological Norms on the Application of Law 52/2003 (Ministry of Justice, 2022[18]), which were adopted by the government at the end of June 2022 via Government Decision 831/2022 (Ministry of Justice, 2022[19]). This methodology aims to standardise the processes set out in law, while ensuring that not they do limit public entities’ capacity “to establish additional activities to facilitate citizens’ access to the processes of drafting normative acts and administrative decision-making” (Article 1, par 2). In addition to clarifying the responsibilities of key state actors, the methodology provides detail on the different steps and communication with respect to consultation proceedings, as well as organising, conducting and recording consultation events. Significantly, it states that all public institutions must provide feedback to participants and communicate the results of each participatory process. This exhaustive document includes seven annexes with templates for public consultation, meeting and debate announcements, for collecting, analysing and providing feedback to input received during such events and for the contents of annual reports.
Law 52/2003 thus provides a solid grounding for conducting public consultations on draft laws, with guidance explicitly allowing for more innovative and proactive approaches by public authorities, e.g. engaging in participatory processes that go beyond consultations, involving citizens as well as stakeholders, engaging them earlier in the drafting process and providing more time to give feedback beyond the minimum consultation periods set out by law. At the same time, elements of the law may hinder its effectiveness in practice and could be reviewed and amended. Thus, when a public consultation announcement is made, under Article 7, authorities are obliged to submit it to all persons having made a prior application to this effect, but not to others who might be affected or potentially interested.15 This leads to limited public communication on new draft laws. Additionally, the law only requires public debates to be held if requested by a legally constituted association (which leaves open the question of whether informal associations may also make this request) or by another public authority and does not explicitly mention whether public authorities may do so of their own accord.16
The General Secretariat’s 2021 analysis indicates that more than 50% of debates organised in the 3 preceding years were initiated by public authorities, while less than 10% were organised based on requests from citizens (General Secretariat of the Government, 2021[16]). Only 23% of CSOs surveyed for the analysis stated that they had requested a public debate in the 3 preceding years, with mixed results. The percentage of cases where such debates were always held, or where they were held most of the time, or rarely, or never, were roughly equal respectively (between 22% and 27% of the time for all categories).
Evidence suggests that, in practice, public debates on draft laws or other regulations are few and far between. Reports from public authorities on the implementation of Law 52/2003 indicate that the average annual number of such events is below 10 for most ministries and other government agencies; the Ministry of Agriculture and Rural Development (81 debates in 2021) and the Ministry of the Environment, Water and Forests (15 debates in 2021) alone reported a larger number.17 In terms of participation in such debates, the 2021 government analysis notes that 53.3% of consulted public authorities responded that, on average, such debates were attended by fewer than 10 persons per consultation, due to short deadlines for consultation, which discouraged involvement by larger groups.
6.3.2. Participation in public meetings
In theory, public meetings can create spaces for general policy discussions (as opposed to public debates related to specific draft laws and similar acts) among public authorities, citizens and stakeholders (OECD, 2022[3]). As outlined in the OECD Guidelines for Citizen Participation Processes, public meetings often involve “gathering the public in face-to-face meetings with public authorities, in order to provide information and openly discuss topics of interest” (OECD, 2022[3]). These meetings allow public bodies to inform citizens and stakeholders about proposals and create a space “to have a loosely structured exchange and receive broad initial feedback” (OECD, 2022[3]).
In Romania, principles guiding participation of any interested person in public decision-making processes, notably in public meetings, are also set out in Law 52/2003 (Article 8) (Government of Romania, 2003[6]). This provision specifies that public institutions should post information on public meetings (including information on the time, date, venue and agenda) at the headquarters of the respective public authority and on its website, forwarding such communications to the media at least three days beforehand. In addition, the notice must be brought to the attention of persons and CSOs who have submitted written recommendations relating to the meeting’s subject. The methodological norms (Ministry of Justice, 2022[18]) provide further details on announcing, organising and conducting such meetings, as well as reporting modalities. These public meetings are the mechanism whereby the authorities, mainly local authorities, conduct their decision-making processes, with decisions themselves being taken in meetings which are open to the public. When decisions are taken at the central level, notably by ministries or other central agencies, decisions are taken by adopting draft normative acts, which are then later adopted by the government. At the local level, based on Article 133, para. 1 of the Administrative Code, local councils hold ordinary meetings at least once a month, when convened by the mayor, but may also have extraordinary meetings (Article 133, para. 2); the same mechanism applies to county councils. For further details, see the section on strengthening participation at the sub-national level.
During relevant meetings, the official who chairs the event is required to give persons and CSOs attending on their own initiative an opportunity to express their views (Article 9). Meeting minutes are published on the website of the organising authority and displayed on its premises, along with information on any votes by participants during the meeting (excluding secret ballots) (Article 11). Recordings may be made public on request, in line with relevant access to information legislation. Where citizens’ or organisations’ written recommendations are not taken into consideration, competent public authorities are obliged to justify their decision in writing. Administrative complaints may be filed in the event of any breach of rights (e.g. individuals not being allowed to attend public meetings or participate in law-making processes).18
Priority access to such meetings is granted based on “the interest of legally constituted associations in relation to the subject of the public hearing”, as established by the meeting’s chair (without limiting access to media representatives) (Article 8, paras. 3 and 4). While it is understandable that space may at times be limited, this could effectively exclude members of the public, informal groups or CSOs. It may be worthwhile considering other less subjective access regulations; in any event, the size of a meeting room is best suited to the estimated audience size, in other words to the public interest that a certain topic may generate.
At the same time and despite the legal framework in this area, annual reports from public authorities on the implementation of Law 52/2003 indicate that, at the central ministerial level (as opposed to the local level), such public meetings do not occur very frequently and in some cases not at all. Romania could rethink the existing format, to explore ways of making relevant processes more open, less structured and more adapted to seeking input from a wide array of citizens and stakeholders, in line with guidance in the OECD Guidelines for Citizen Participation Processes (2022[3]). Notably, such meetings could take the form of open meetings or town hall meetings (which could be streamed online) which do not seek to gather input on a particular issue but rather constitute a means for public authorities to engage with the public directly, understand the needs of citizens and inform them of actions taken as well as upcoming decisions.
6.3.3. Social dialogue commissions and other forms of consultative bodies
Law 367/2022 on Social Dialogue establishes the general framework for informing and consulting social partners on matters of common interest (Ministry of Justice, 2022[13]). The law mentions different social dialogue bodies, namely the National Tripartite Council for Social Dialogue19 (Title IV) and social dialogue commissions at the central and local (county and municipality) levels (Title V). These commissions function within ministries and other public institutions, but also at the local county level. The commissions are of an advisory nature and must be consulted on any legislative or other initiatives in the economic or social sphere. Their work aims to ensure permanent and regular exchange of information between different stakeholders on matters in the field of interest of the administration or social partners (Article 90). The new Law 367/2022 retains the main titles of the previous Law 62/2011, although the numbering has been updated after some titles were repealed. For example, under Title V on social dialogue commissions at the central and local levels, changes have been made which seek to ensure more frequent meetings.
While this form of consultation allows for close co-operation with public officials, it may, however, limit collaboration with formalised groups, such as trade unions, employer associations and particularly CSOs. During the OECD’s public consultation for this report (see the section on methodology underpinning the Civic Space Review of Romania in Chapter 2), CSOs indicated that the practice of selecting civil society members for such bodies was not sufficiently transparent.20 It is therefore important that, where they exist, such structures are open about their selection processes and criteria, and do not remain the only or main avenues for collaboration with civil society. In this regard, Romania could take inspiration from the Public Policy and Civil Society Councils in Brazil and Chile, which allow for multi-level participation at national and sub-national levels (Box 6.1).
Box 6.1. Public Policy and Civil Society Councils and other forms of participation in Brazil and Chile
Brazil’s Public Policy Councils and National Policy Conferences
In Brazil, Public Policy Councils are created based on a law, decree or other regulation and are embedded in decision-making processes and systems of public authority. These councils are highly institutionalised, are made up of government and non-governmental representatives from civil society, and have policy and “control” functions in certain policy areas where they may allocate and steer public funds. These councils likewise have vast territorial coverage due to their multi-layer dimensions, with sub-national and federal representations for each policy area. The councils may be consultative (merely providing opinions or informal input), participatory (with stronger involvement in decisions and control of authorities’ actions) or deliberative (co-creating proposals with public authorities and participating actively in the policy process).
National Policy Conferences, on the other hand, share certain common characteristics (IPEA, 2013[20]; Gurza Lavalle, 2011[21]; Pogrebinschi, 2014[22]). Most notably, these conferences start at the municipal level, with meetings held in several cities simultaneously which are open to everyone; a report is then issued with proposals and delegates are elected to represent the municipality in the State Conference. The State Conference then also involves deliberation, proposals and the election of delegates. Finally, state delegates in the National Conference vote on a final report with proposals directed at public bodies. Final decisions are taken by the National Conference although consensus is prioritised. The aim of these conferences is to influence policies or legislation at the federal level so policies and services reflect the needs of the entire country.
Citizen participation in Chile, including Civil Society Councils
Law No. 20.500 on Associations and Citizen Participation in Public Management in Chile (Library of Congress, 2011[23]) emphasises the state’s duty to recognise people’s rights to participate in its policies, plans, programmes and actions and prohibits conduct intended to exclude or discriminate against people in the exercise of their right to participation without a justified reason. The law enshrines the state’s obligation to regulate the specific modalities of participation and publish relevant information about its policies, plans, programmes, actions and budgets in a timely, complete and accessible manner. Likewise, public authorities are required to report on the implementation of the law annually and in a decentralised manner. Following a recent presidential order, public bodies are required to have citizen participation units with at least one staff member devoted exclusively to this work and to provide contact details on public websites, allowing people to express their opinions on matters within the competency of each body. Each body should keep its institutional website updated with information on the formal and specific modalities of participation. At the local level, mayors and municipal councils are required to hold referenda on matters concerning plans related to urban planning. There are also dedicated forms of citizen participation in environmental matters and for Indigenous persons.
Based on the law, public authorities are also obliged to have consultative Civil Society Councils (COSOC), formed in a diverse, representative and pluralistic manner by members of non-profit associations (and including marginalised groups and reflecting gender equality in membership). The mandates of these councils are related to the legal competencies of public authorities, and they operate on a periodic basis, whenever they are convened by the respective authorities.
Source: Gurza Lavalle, A., J. Voigt and L. Serafim (2016[24]), “What do councils do and when? Decision-making standards for participatory institutions and their effects”, https://doi.org/10.1590/00115258201687; CLP (2019[25]), Participação Social: Por que ela é importante para a gestão pública?; Gurza Lavalle, A. (2011[21]), “Após a participação: nota introdutória”, https://www.scielo.br/j/ln/a/ycYffsZN8gX9pnFdt7TSnZp/?lang=pt; IPEA (2013[20]), Ampliação da Participação na Gestão Pública: um estudo sobre conferências nacionais realizadas entre 2003 e 2011; Pogrebinschi, T. (2014[22]), “Turning participation into representation, innovative policy making for minority groups in Brazil”, https://doi.org/10.2307/j.ctv16755q8.11; OECD (2022[26]), Open Government Review of Brazil: Towards an Integrated Open Government Agenda, https://dx.doi.org/10.1787/3f9009d4-en; Library of Congress (2011[23]), Law 20.500 on Associations and Citizen Participation in Public Management, https://www.bcn.cl/leychile/navegar?idNorma=1023143; email correspondence with the government of Chile, October 2022.
The Economic and Social Council, composed of representatives from employer organisations, trade unions, and non-governmental associations and foundations, is an advisory body to the parliament and government but has a somewhat different focus to the bodies described above. Established under Law 248/2013 on the Organisation and Functioning of the Economic and Social Council (Ministry of Justice, 2013[27]), the council does not advise government or parliament in matters pertaining to their daily work but is rather an autonomous body which provides opinions on draft acts prior to their adoption, in addition to other research and monitoring tasks described in the law. The government, parliamentary deputies and senators are obliged to consult this body on draft acts which regulate matters falling into certain categories set out by law. The council has up to ten working days to provide its input; beyond this time frame, the initiator of a draft act may proceed with its adoption. It is noticeable in this context that, while legislation such as Law 52/2003 provides stakeholders and citizens with a minimum of ten days to submit input, Law 248/2013 includes an upper limit of ten days for providing input, which would seem to place it at a disadvantage.
There are many other examples of consultative bodies. For example, Law 202/2002 on Gender Equality provides for central and local commissions on equal opportunities for women and men that are responsible for gender mainstreaming in national policies and include public officials alongside representatives from trade unions, employer organisations and CSOs (Ministry of Justice, 2002[28]). Additionally, many public institutions have specialised advisory councils to deal with specific themes or topics, such as sustainable development, fiscal administration, Roma community issues, persons with disabilities and digital transformation. In practice, Romania thus has numerous consultative bodies in ministries and local administrations. Some of these bodies are chaired by ministers or other heads of authorities; the setup, composition and procedure differ depending on the needs of the individual public authority (see Table 6.2). At times, these bodies create working groups to address specific issues.
Table 6.2. Overview of selected consultative bodies in Romania and their roles, 2022
1. According to the law, these areas involve economic, financial and fiscal policies, labour relations, social protection, wage policies and equal opportunities and treatment, as well as agriculture, rural development, environmental protection and sustainable development. Other areas mentioned in the law are consumer protection and fair competition, co-operation, liberal professions and self-employment, citizens’ rights and freedoms, health policies, and policies in the fields of education, youth, research, culture and sport.
2. More details on the Advisory Council for Sustainable Development can be found at https://bit.ly/3nk2Rp1.
3. Further information on the Disability Analysis Council can be found at http://conect.gov.ro/1/wp-content/uploads/2021/07/Consiliul-de-analiza-a-problemelor-persoanelor-cu-handicap.pdf.
4. More information on the National Council for Digital Transformation can be found at https://www.adr.gov.ro/cntd/.
Based on feedback received from government representatives, most ministries and local authorities co‑operate well with their respective social dialogue commissions when preparing draft laws or policies. These commissions have existed for more than ten years and co-operation between authorities and the bodies represented in the commissions is generally smooth and marked by mutual trust. At the same time, some interlocutors said the respective commissions advising their ministries were not very active and rarely opposed or criticised draft laws or policies.21
Regarding the Economic and Social Council, government and civil society representatives alike agreed that this form of civil society involvement and oversight generally works well.22 However, some CSOs reported obstacles to the effective functioning of the council, notably lack of time given for review, regardless of the length or complexity of a draft act. In situations where numerous draft acts are pending before the council, responding may become a challenge, especially as the council has no full-time employees and works mostly with scanned documents, which cannot be searched or edited.23 The ten‑day review period set out in law is considered too short, especially if more than one act is under review at the same time, and opinions of the council are not always taken into account prior to sending a draft act to parliament, sometimes without providing reasons.24 Moreover, Law 248/2013 is considered unclear with respect to the question of how civil society members of the council are appointed and dismissed. For example, 13 of the 15 members were replaced in 2018 in what some observers felt was an opaque process (Romania Insider, 2018[29]).
Similar consultative bodies exist in other OECD and non-OECD Members, such as France25 and Morocco.26 Notably, the French Economic, Social and Environmental Council (CESE) may, following reforms in 2021, receive petitions and organise public consultations with citizens selected by lot,27 either on its own initiative or on the initiative of the government or either chamber of parliament. The CESE may involve citizens in its committees; hybrid working groups can be formed from time to time, comprising both members of organised civil society and citizens selected by lot.
Recommendations
To enhance the effectiveness of the legal, policy and institutional frameworks regulating citizen and stakeholder participation in decision-making processes, Romania could:
Consider reviewing Law 52/2003 to amend provisions on the sharing of draft acts with stakeholders and on public debates for draft acts. Such a review should be conducted in consultation with a wide array of civil society stakeholders. In addition:
The law could stipulate that public authorities should facilitate more awareness raising and outreach to the public (beyond persons who have submitted a prior request) and involve a wider variety of interest groups (beyond legally constituted associations that make such a request).
The minimum time periods for consultation could be amended and deadlines for feedback adapted to the length and complexity of individual draft acts while ensuring that minimum periods set out in the law are adhered to in practice.
As Law 52/2003 only permits written feedback on draft acts, more dialogue-based communication (both online and offline) could tap into additional knowledge sources.
Establish clear and binding standards and ensure the full implementation of existing regulations on citizen and stakeholder participation, such as Government Decision 831/2022.
Evaluate the purpose, composition and functioning of consultative bodies created by Law 367/2022 and similar entities, to see whether this system adequately facilitates input from a variety of different stakeholders. In this context, consideration may be given to amending the law to ensure that social dialogue commissions represent diverse interests and that their composition can be altered to promote more active and dynamic membership.
Review Law 248/2013 with a view to strengthening the functions and capacities of the Economic and Social Council by allowing it more time to provide feedback on draft normative acts and clarifying appointment procedures of civil society members to the council.
The criteria for the dismissal of members should be set out in the law, following clear and transparent criteria and processes.
Consideration may be given to allocating permanent staff to the council, with adequate payment and to help it fulfil its mandate, and to expanding its mandate to include an ability to organise public hearings, in line with mandates of similar bodies in other countries.
Review provisions on access to public meetings and explore ways of making such meetings more open and flexible, as a means of seeking input from a wide array of stakeholders, as well as from citizens to better understand their priorities and needs.
6.4. Making participatory practices more effective and inclusive
The following provides an overview of four key areas where there is potential to strengthen current citizen and stakeholder participation practices: by improving participatory processes for greater impact; strengthening participation at the sub-national level; creating opportunities for more inclusive dialogue involving underrepresented and marginalised groups; and reducing the use of emergency measures in law making.
6.4.1. Improving participatory processes for greater impact
Participatory processes that involve both citizens and stakeholders in public policy and law making are useful tools to strengthen the quality of laws and policies. When undertaken in a meaningful way, participation helps to make decision-making processes more transparent, thereby increasing trust in public institutions. In order to implement Romania’s commitments to open government and ensure greater involvement of citizens and stakeholders, it is important for state actors to actively seek to make existing practices more effective. In general, the overall approach needs to be re-evaluated, based on a broader understanding of the nature and benefits of stakeholder participation, to embrace a more collaborative, democratic culture of public governance, complete with a clear government-wide vision as to why greater involvement of citizens and stakeholders in public decision making is needed. This will necessitate a significant shift across the public sector and more outreach to citizens and civil society, coupled with a more open, less legalistic approach, under the umbrella of a coherent and forward-looking government policy agenda.
With respect to regular consultation processes, government and civil society counterparts noted the following as the main obstacles to more effective and impactful participation: 28
A lack of capacity in certain parts of the public administration fuelled by frequent rotation of staff. This has reduced the ability of ministries and public bodies to develop and implement a long-term vision regarding participation.
A lack of awareness among, and little training for, public officials on how to conduct effective public consultations and effectively involve citizens and CSOs in decision making.
A lack of capacity within civil society, with few training and other support options offered.
Short consultation deadlines, meaning that if citizens/CSOs do not check relevant websites regularly, participation opportunities may easily be missed; additionally, these deadlines are rarely extended in consultations concerning potentially complex or lengthy draft legislation.
A limited pool of involved stakeholders; typically, the same organisations are consulted for many years, with other affected or interested stakeholders welcome but not actively sought.
That said, the Romanian government has initiated programmes and training opportunities, and drafted methodologies and guidance documents, to address some of the above concerns. These include the recently adopted Methodological Norms on the Application of Law 52/2003 (Ministry of Justice, 2022[18]) and A Guide to Innovative Approaches to Citizen Engagement in the Decision-making Process, prepared based on collaboration with the OECD Observatory of Public Sector Innovation (OPSI) (General Secretariat of the Government, 2021[30]).29
However, the resources of the General Secretariat are limited and are hampered by frequent staff turnover within government structures and restructuring of ministries and other public institutions after changes in government. As a result, there is often a loss of institutional memory on progress and learning. In this context, opening public decision-making processes to stakeholders and the wider public will require a clear and sustained commitment from top levels of government, protected from political cycles and institutional changes.
Enhancing online participation portals
Participation portals are increasingly used by governments to consolidate sources of information from across the government, communicate updates of interest to citizens, garner feedback and respond to citizens. Government-wide portals have the advantage of providing a “one-stop shop” for citizens to learn about past, current and future opportunities for participation (OECD, 2021[31]). According to the results of the 2020 OECD Survey on Open Government, 44% of OECD Members have a single government-wide portal, while 41% have several, and 9% have an institution-specific portal (Figure 6.5).
Figure 6.5. Availability of government-wide portals to facilitate citizen and stakeholder participation, 2020
Note: N=34.
Source: OECD (2020[32]), “2020 OECD Survey on Open Government”, OECD, Paris.
In Romania, information on draft laws and other important policy matters has so far mostly been published via institution-specific portals, namely the websites of individual ministries and other government agencies. Central public bodies for the most part have separate websites related to “transparency of decision-making” (pertaining to the implementation of Law 52/2003) where they post draft acts for consultations, publish annual reports on implementing the law and provide other relevant information. Some specific online platforms also exist, such as the Unique Register of Transparency of Interests (RUTI, n.d.[33]) (see Chapter 5) which allows registered CSOs to engage and communicate with public decision makers. In addition, the Public Procurement Electronic System (SEAP) publishes open calls for public-private partnerships (SEAP, n.d.[34]). Overall, three different kinds of portals are in use: ministry/agency websites; sub-national websites; and the E-Consultare centralised platform (Table 6.3).
Table 6.3. Online portals in Romania
1. In some cases (e.g. the Ministry of Transport and Infrastructure), a summary of the key issues is also at hand.
2. At times, the deadlines are specified; at times they are not.
3. Some ministries (e.g. the Ministry of Transport and Infrastructure) have an online e-consultation form for citizens and stakeholders to submit their input, in addition to accepting input by post, fax and by deposit at ministry headquarters.
4. On some websites, individual contact details are listed; on others, there are centralised email addresses for input in the context of consultation procedures.
The Romanian government launched the E-Consultare platform in 2016, with a new version containing new functions launched in 2019 (Box 6.2) as a promising first step in centralising public consultation opportunities on one platform.
Box 6.2. Romania’s E-Consultare platform
The Romanian government launched a new online consultation platform called E-Consultare (http://e-consultare.gov.ro/w) in 2019, which replaced and combined previous websites which focused on online consultations, debates and public consultations launched by the European Commission (Government of Romania, n.d.[35]). The website contains data on draft acts initiated by the public administration, including ministries and other central-level public bodies.
Individuals and CSOs wishing to comment on a draft law or other act can find basic draft information on the website, such as the name and email address of the relevant initiating body and competent official, as well as relevant documentation and a deadline for submitting opinions or suggestions. Comments may be posted via a contact form; the information is then transmitted directly to the competent ministry or state agency. When public institutions decide to hold a debate during the consultation period, relevant information is displayed next to the proposed draft law or regulation, specifying the date, time, location and topic of the public debate. Users can receive updates on the latest draft regulations undergoing public consultation if they subscribe to the platform’s weekly newsletter. Between March 2019 and late January 2022, 5 169 draft acts were published through the E-Consultare platform, 59 of which were discussed in public debates. Some 112 public institutions were monitored, and 999 suggestions or proposals were submitted (General Secretariat of the Government, 2022[36]).
The platform is currently administered by the General Secretariat, which updates it by manually scanning the websites of potential initiating public bodies on a weekly basis and transferring the information (Government of Romania, n.d.[35]). The recently adopted Methodological Norms on the Application of Law 52/2003, as well as changes made to the Methodological Norms of Law 544/2001 in 2022, require the General Secretariat to further develop the site and adopt rules for publication of updated draft laws and supporting documentation, as well as produce annual reports on the platform (Ministry of Justice, 2022[18]).
The portal is easy to use and understand and provides a good overview of pending draft acts. Published user numbers indicate it is a useful communication and consultation tool for many. However, interviews during the fact-finding mission also indicated that there is work to be done to communicate – with both government and civil society representatives – on the website’s functions.
Source: Government of Romania (n.d.[35]), E-Consultare, http://e-consultare.gov.ro (accessed on 22 July 2022); General Secretariat of the Government (2022[36]), Summary of the Operationalisation of the E-Consultation Platform January 2020-2022, http://e-consultare.gov.ro/w/wp-content/uploads/2022/01/RAPORT-E-CONSULTARE-2020-2022.pdf; Ministry of Justice (2022[18]), Methodological Norms on the Application of Law 52/2003 on the Transparency of Decision-making in Public Administration, https://legislatie.just.ro/Public/DetaliiDocumentAfis/256872.
This platform has the potential to help Romania harmonise practices among public institutions, facilitate more interactions with citizens and stakeholders, and simplify access to participatory opportunities. That said, the government has noted the difficulty of ensuring uniform use of the platform by central and local public administration authorities and considers this an obstacle to more effective participation (General Secretariat of the Government, 2021[17]). Moreover, because the website is updated manually (although on a regular basis), it is not always accurate.
Currently, the General Secretariat is taking considerable steps to update the platform and extend its functionality within the framework of Romania’s Recovery and Resilience Plan. Important first steps in terms of corresponding legal provisions have been taken with adoption of Government Decision 831 (Ministry of Justice, 2022[19]). According to this decision, all public institutions under the scope of Law 52/2003 must publish on the platform an announcement about the purpose of a draft act as well as related public meetings (Art. 6). Additionally, all public institutions are required to upload their annual reports on the implementation of Law 52/2003 to the platform (as well as their own website) each year (Art. 11). These reports must follow a standard reporting model, thereby potentially facilitating data collection by the General Secretariat as well as providing clear and consistent information for interested citizens and stakeholders.
Moving forward, the General Secretariat is improving platform functionality to make it a “one-stop” portal for decision-making transparency (Art. 12) that allows for the above requirements. These improvements are ongoing until the end of 2023. Additional planned modifications include the possibility for individual public bodies to upload draft acts subject to consultation, thus eliminating the old practice of General Secretariat staff uploading acts to the platform. Furthermore, the platform will evolve to include updates on the implementation of legislation related to access to information (Art. I and III, Government Decision 830).
As part of implementing these reforms, consideration may also be given to further technological upgrades which would reflect functions seen in other countries’ participation portals. For example, Romania could take inspiration from more dynamic platforms, such as the Decidim project, which began in Spain30 and is now used by cities and municipalities globally (Decidim, n.d.[37]). This platform allows citizens to participate in decision making by debating proposals online regarding policy matters. In some cities, such as Barcelona, citizens are involved on a regular basis in decisions above a certain funding limit. Another example from Spain is the CONSUL project, initially launched by Madrid City Council and since adopted by governments around the world (CONSUL, n.d.[38]). This platform prioritises user experience and goes beyond mere consultation, with a citizen proposals module which allows individuals to submit, support and vote for initiatives. It benefits from open-source code, and so is free for any government or CSO to use and propose improvements (CONSUL, n.d.[38]).
Recommendations
To develop the E-Consultare platform into a more interactive one-stop-shop for participation, Romania could:
Increase uptake and impact of the platform by ensuring a higher level of awareness. This could be done by increasing communication efforts and undertaking a campaign with the public and CSOs. Links to the platform could feature on ministry and other public authority websites, to encourage use.
Engage in regular reviews of the platform’s design and functionality to enhance its participatory capacity and collect data on traffic to understand and grow overall use by CSOs and the wider public.
In this regard, the General Secretariat could use data they already collect on the numbers of draft normative acts posted by year and the number of recommendations received per individual piece of legislation, to obtain a better overview of the site’s utility.
Consider creating and consulting small focus groups of CSOs and citizens who have visited the platform to enable them to share their views and improve user experience.
Take inspiration from more dynamic platforms such as the Decidim and CONSUL projects to improve the current platform and promote greater interaction with citizens by allowing them to submit, support and vote for initiatives, similar to platforms used in other countries, and to permit public online discussions with officials on matters of public interest.
Consider – in the medium term – combining the platform with functions for exercising the right of access to information and petition, thereby making it the first central-level platform integrating all essential open government areas online in one place. This “open government portal” could help in mapping and navigating to existing central portals in related areas, such as RUTI on lobbying activities and SEAP on public procurement.
Improving planning and communication before, during and after citizen and stakeholder consultations
The quality and impact of public consultations depends in large part on the manner in which citizens and stakeholders can participate. Public communication on relevant engagement mechanisms is key; to ensure a wide range of perspectives and inputs are gathered, stakeholders first need to know that these processes are ongoing. For this reason, information on consultations should be disseminated through a multi-channel approach to reach all societal demographics.
In Romania, most public consultations take place online (see section on public consultations on draft normative acts). Usually, information provided includes the draft act and related documents,31 along with the necessary announcement regarding the consultation deadline but with little additional information or instructions. CSO representatives interviewed during the OECD mission noted that information provided on the circumstances, scope and aims of draft acts is often insufficient and not always spelled out in accessible, clear language32; for the most part, relevant government websites do not include information on government contact points and how to reach them in the event of queries.
In this respect, more training for public officials on how to plan, manage and communicate public consultations is key. Such training could firstly focus on emphasising the added value of such processes, before providing public officials with concrete tools for their implementation. The National Institute of Administration, which is responsible more broadly for training public officials, could consider developing training modules on how to communicate and engage with stakeholders and citizens. It is welcome that the methodology on implementing Law 52/2003 now requires a descriptive paragraph to be added to announcements regarding new laws, outlining the solution proposed by the law, the expected impact and other relevant information (Ministry of Justice, 2022[18]).
The 2022 OECD working paper, Accessible and inclusive public communication: Panorama of practices from OECD Members (Cazenave and Bellantoni, 2022[39]), builds on the OECD Report on Public Communication: The Global Context and the Way Forward (2021[40]) and provides guidance on: adapting public communication to the needs and expectations of citizens to guarantee equal opportunities; ensuring inclusivity in the digital age; promoting training and capacity-building in public administration on interacting with stakeholders; and evaluating public communication in a systematic way. For example, publishing information in an informative, clear and to-the-point style, with a particular emphasis on short, well-structured content that uses simple vocabulary, is advisable. Online content must be easy to find on public websites. Some good practices have emerged from the United Kingdom, which has developed guidance for government officials on how to convey different content in a user‑friendly manner.33
Participatory processes yield the best results when they are planned and targeted, with a clear idea of their purpose. Thus, before engaging with citizens and stakeholders, an internal planning process may help clarify the information being sought, and how to communicate desired outcomes accordingly. In this context, Romania could consider guidance from the OECD on strengthening relevant participatory processes (Box 6.3).
Box 6.3. Learning from the OECD Guidelines for Citizen Participation Processes
The OECD Guidelines for Citizen Participation Processes (2022[3]) note that citizens should only be engaged if the following conditions can be guaranteed:
Citizens can assist in solving a problem.
Citizens will have a concrete influence on the outcome, meaning public officials will act on their input.
There is a high-level commitment to taking citizen perspectives into account.
Adequate human and financial resources are available to implement a meaningful process.
The time frame allows for genuine changes, meaning that a decision has not been taken before the process begins.
A ten-step plan developed by the OECD for this purpose is outlined in Table 6.4. It addresses different planning stages that should take place before, during and after participatory processes. It emphasises that planning contributes greatly to successful consultations, deliberative processes, participatory budgeting and other forms of citizen participation, which includes several steps relating to the focus of consultations and why they are necessary, as well as who needs to be included and in what ways (all of which could be deliberated when seeking to change consultation processes in Romania). Good communication and feedback mechanisms and an evaluation afterwards are also important. The OECD guidelines provide a list of resources that may provide further practical guidance in annexes to the document.
Table 6.4. Ten-step path of planning and implementing a citizen participation process
Source: OECD (2022[3]), OECD Guidelines for Citizen Participation Processes, https://doi.org/10.1787/f765caf6-en.
Recommendations
To improve planning and communication around public consultations, in line with OECD guidelines, Romania could:
Devote more time and attention to planning, focusing on the purpose, modalities and desired end-results of consultations, to achieve more successful outcomes.
Include accessible, clear instructions, in plain language, for citizens and stakeholders to convey the purpose of consultations, key questions up for debate and the kind of information the relevant public authority is seeking.
Consider holding public debates and meetings online or in hybrid mode to allow as many interested parties as possible to participate, and live stream them on institutional websites and social media platforms where relevant.
Add a summary or breakdown of the main elements of relevant acts, also in plain language, on government websites.
Include information on contact points for each published act and how they may be reached.
Train public officials in communicating with the public. For this purpose, consideration may be given to developing a special training module on how to communicate and engage with stakeholders and the wider public, as part of overall training provided by the National Institute of Administration for public officials, as also recommended in the forthcoming OECD Open Government Review of Romania (forthcoming[4]).
As regards training, public officials would benefit from structured guidance on:
Gathering and addressing recommendations received during public consultations.
How to provide feedback to citizens and stakeholders in a transparent and informative manner (see section on introducing transparent and responsive feedback and evaluation mechanism).
Involving citizens and stakeholders in decision-making at an earlier stage
When conducting public consultations or engaging in other forms of participatory process, it is essential that the voices of citizens and stakeholders are truly heard and evaluated. This requires inviting inputs when changes to a draft policy or draft act are still possible and realistic. In Romania, while public institutions may consult with the advisory and working bodies that they collaborate with regularly at the initial stage of drafting policies or legislation, in practice,consultations usually happen at the end of the law-making process, once a final draft has been prepared and is ready for adoption. This is contrary to the ten steps of the OECD guidelines outlined above (Table 6.4). The 2021 General Secretariat analysis evaluating central and local public administration practices in decision-making processes indicates that only 27% of the public authorities surveyed always organise some form of pre-consultation session, with 18% doing this most of the time and the remaining 55% organising such pre-consultations sometimes or never (General Secretariat of the Government, 2021[16]). Generally, there are few public debates or consultations on laws or policies before they are drafted, although some notable exceptions include areas such as education reform and digital authentication tools, as well as online discussion platforms in certain municipalities (see Box 6.4 for good practices).
As a result, citizens and stakeholders have very little influence on the agenda-setting and conception stages of law and policy making. Exacerbating matters, while they are consulted on draft legislation in line with the law, there is also little clarity on how their input is reflected. This tendency to conduct consultations towards the end of the law-making process is similar to practices observed in many OECD Members (OECD, 2021[31]). However, this form of consultation leads to limited outcomes, as it focuses on testing ideas already developed rather than seeking early advice from the end users of the policy, based on their needs.
That said, there are some positive examples of more inclusive, early participatory processes taking place prior to the drafting of legal acts that Romania could build on (Box 6.4).
Box 6.4. Good practices: Examples of effective public consultations in Romania
Public officials in Romania have undertaken several successful countrywide consultations with a variety of stakeholders in recent years, to gather opinions and comments from different social partners and other stakeholders on matters such as education and digitalisation.
Educated Romania project
The Presidential Administration held consultations with social partners and key stakeholders throughout development of the Educated Romania project, which launched in 2016.1 The first phase (2016‑17) comprised a variety of activities including: a series of eight consultations on the country’s vision and objectives for education and research; the development and dissemination of an online questionnaire; and 35 consultation events organised by experts and stakeholders (President of Romania, 2022[41]). During the second stage (2017‑18), seven working groups – composed of both public officials and stakeholders including academics and CSOs – were established on subjects such as enhancing teaching careers and professionalising education management, as well as making early childhood education accessible to all and achieving equity in the education system. In the third phase (2018‑21), the documents developed in previous stages were launched for public consideration, leading to numerous debates, events, studies and projects. At the same time, via an EU-funded project, a series of public policy briefs was developed in co‑operation with the OECD covering priority topics, namely: 1) teaching careers; 2) educational management; 3) fairness; and 4) early education (President of Romania, 2022[41]).
Overall, 67 NGOs, activist groups and public bodies organised 80 events under the project framework. Throughout the process, 12 470 citizens were consulted.
European electronic identification (eIDAS)
The European Digital Identity Wallet is a service which will enable citizens and organisations to use identity data and credentials related to their identity and to use them for authentication purposes, online and offline (ADR, 2021[42]). Romania sought input from a range of subject-specific stakeholders around this initiative. In 2020, public debates on eIDAS were organised by the Ministry of Internal Affairs, for example. The following year, the Authority for the Digitalisation of Romania (ADR) put the eIDAS Regulation to a public debate (ADR, 2021[42]) which included the establishment of an online consultation platform in 2022 (ADR, 2022[43]). The ADR explicitly recognises that Romania’s position “must be correlated to the concrete and specific needs” of diverse stakeholders affected, who were asked to submit recommendations and suggestions regarding the proposed regulation (ADR, 2021[42]).
1. The national project initiated by the President of Romania aims to improve overall education and “to support the repositioning of society on values, the development of a culture of success based on performance, work, talent, honesty and integrity”. For more information, see the project website at http://www.romaniaeducata.eu/de-ce-avem-nevoie-de-romania-educata/.
Source: President of Romania (2022[41]), Commitments - Educated Romania, https://www.presidency.ro/en/commitments/educated-romania (accessed on 13 July 2022); President of Romania (2022[44]), Educated Romania, http://www.romaniaeducata.eu/ (accessed on 13 July 2022); ADR (2021[42]), “ADR puts up for public debate the proposal to amend the European Electronic Identity Regulation (eIDAS)”, https://www.adr.gov.ro/adr-pune-in-dezbatere-publica-propunerea-de-modificare-a-regulamentului-pentru-identitatea-electronica-europeana-eidas/ (accessed on 13 July 2022); ADR (2022[43]), “The Authority for the Digitisation of Romania launched the online platform for public consultation on the European digital wallet”, https://www.agerpres.ro/economic-intern/2022/03/02/autoritatea-pentru-digitalizarea-romaniei-a-lansat-platforma-online-de-consultare-publica-pe-tema-portofelului-digital-european--876174.
Recommendations
To encourage public consultations during the priority- and agenda-setting phases of policies and laws, Romania could:
Foster participation early in the policy cycle by consistently involving citizens and stakeholders in discussions on available policy solutions to public challenges before the drafting of normative acts commences.
As part of an envisaged cross-governmental community of practice on open government, consider establishing a sub-group on citizen and stakeholder consultation and engagement.
This sub-group could be tasked with identifying and championing good practices and discussing how consultation processes may be enhanced. This community of practice could be open to CSOs and sub-national governments to encourage a broad exchange of experiences among all relevant actors and learning from best practices.
Foster clear and sustained commitment from the highest levels of government to the goal of opening up decision-making processes and institutionalise these processes to protect them from political cycles.
For example, the General Secretariat could be granted additional human and financial resources to oversee the implementation of these processes across public administration.
Introducing transparent and responsive feedback and evaluation mechanisms
Participation processes are more useful where adequate mechanisms are in place to collect inputs and assess and incorporate them into draft acts as relevant. Moreover, for those participating in consultations and similar processes, it is crucial to see whether and how their comments and concerns were addressed. A lack of transparent feedback may lead to consultation fatigue as well as a reduced sense of ownership and loss of trust in the process and the relevant public institutions. In Romania, while Law 52/2003 requires public bodies to publish information on input received from stakeholders during public debates, in addition to the improved versions of draft acts (Government of Romania, 2003[6]), it does not detail the manner in which feedback should be provided.
Article 7 of Law 52/2003 stipulates that all proposals, suggestions and opinions or recommendations received must be recorded in a register, along with the date of their receipt and contact details for the persons submitting the input (Government of Romania, 2003[6]). Input must be taken into account before a final version of the draft normative act is submitted to the respective public authorities for endorsement. Each public administrative authority is required to designate a contact point responsible for the relationship with civil society.
In its 2021 analysis (General Secretariat of the Government, 2021[16]), the General Secretariat noted that most respondents had a person or structure in place to engage with civil society. In practice, the above structures or contact points may overlap with similar structures which public authorities are obliged to set up to enhance collaboration with associations, foundations and similar entities under Government Ordinance 26/2000 on Associations and Foundations (Ministry of Justice, 2000[45]). With respect to the functioning of these types of structure in practice, 47% of institutions surveyed by the General Secretariat answered that they did not encounter any problems, while 29% noted challenges due to overlaps in respective officials’ work tasks with other fields of activity and the remaining respondents noted other challenges such as: insufficient technical staff, lack of staff training and lack of prioritisation of such matters by management. At the same time, only a third of public authorities surveyed (33%) confirmed they had a register to record feedback from public consultations.
Law 52/2003 specifies that after consultations, improved versions of draft acts must be published (in various stages of elaboration) along with other documentation regarding consultations and/or debates.34 However, crucially, Article 7 does not go into detail on whether feedback reports for participants in consultations are required. While annual reports prepared by some ministries and other public bodies on implementing Law 52/2003 indicate that, in some cases, reasons are provided when recommendations are rejected,35 other authorities do not provide such information. In some instances, the reasons for not taking up civil society proposals into final legal or policy documents are not explained, even in situations where responsible authorities have sent a draft act to parliament that was quite different from what had been discussed and agreed during consultations.36
Moving forward, this situation may be improved by Article 4 of the Methodological Norms on the Application of Law 52/2003, which outlines different steps that must be taken by an initiating authority when conducting public consultations (Ministry of Justice, 2022[18]). One of these steps includes informing participants about how the proposals, suggestions and recommendations made by stakeholders during the process have been incorporated, by recording and publishing the special register containing the different types of input received. Annex 3 to this methodology provides a template which public authorities are required to follow in collecting and analysing proposals received. This template includes a column for justifications where recommendations are not taken on board.
According to Article 13 of Law 52/2003, public authorities are required to publish on their websites annual reports on decisional transparency and to display these reports on their premises or present them during public meetings (see the chapter on monitoring and evaluation in the OECD Open Government Review of Romania).37 In practice, implementation of the annual reporting requirement varies greatly, with not all public authorities publishing reports on their websites every year. Thus, in some cases, the latest annual reports are from 2021, while in others, they date to 2020 or 2019.38 Annex 7 of the methodology on implementing Law 52/2003 provides a template for the structure and contents of these annual reports.
Generally, reports list the annual number of draft acts consulted upon, the number of recommendations received and the number of public debates held, among others, but do not go into detail as to how many or what kind of recommendations were received for which specific act or how many provoked changes, in addition to any reasons for rejecting them.39 Closing the feedback loop is considered by the OECD Guidelines for Participatory Processes as essential; it pushes authorities to remain accountable to participants and the broader public. If they do not receive proper feedback, there is a risk of participants becoming frustrated and less likely to participate in the future or to trust government efforts in establishing such processes (OECD, 2022[3]).
Based on these reports, among others, the General Secretariat monitors and evaluates how public authorities and institutions implement legislation on access to information and transparent decision making. It also bases public policies and government decisions on improving consultation processes in public institutions on the data, and has organised training and information sessions and issued recommendations to ministries and other government agencies on strengthening consultation processes.40 In this sense, these reports serve as important sources of information to measure the openness of public administration more broadly, which is discussed in further detail in the OECD Open Government Review of Romania (forthcoming[4]).
Because the above annual reports are limited to general statistics, their findings do not lend themselves to a comprehensive analysis. The evaluation section for such reports is a good start but it remains to be seen whether this template will result in public authorities engaging in more in-depth reflections which go beyond a simple positive or negative evaluation of the process. It may be useful to eventually expand the current short statistical reports into more extensive evaluative analyses, with greater emphasis on the topics of consultations, including what worked well and what did not. A community of practice on open government, with, for example, cross-governmental discussion boards, could also prove useful alongside these annual reports, as such platforms allow for an exchange of experiences (OECD, forthcoming[4]). This might make it easier for oversight bodies such as the General Secretariat to identify trends and potential areas for reform.
Recommendations
To enhance transparent and responsive feedback on and evaluations of consultations, Romania could:
Revisit the process of collecting information for annual reports on the implementation of Law 52/2003 to see how key public institutions, mainly ministries and similar government agencies, could better retain information which will help them evaluate and assess public consultation procedures and make necessary improvements. While Annex 7 to the methodology adopted by Government Decision 831/2022 provides a good model for comprehensive and transparent reporting, the next step is analysing the information collected and seeking ways of enhancing consultation with citizens and stakeholders.
Strengthen monitoring and evaluation by providing guidance and tools at the institutional level to collect qualitative and quantitative data on the quality of processes.
Data collection methods targeting those who join participatory processes are highly relevant. This could include information gathered through interviews and surveys, on how much feedback was received on different acts and the responses to that feedback, among others.
6.4.2. Strengthening participation at the sub-national level
At the sub-national level, Romania has two tiers of government: counties and a municipal level composed of communes, towns and municipalities. Both tiers have self-governing bodies, namely county councils and local councils, with counties co-ordinating the activities of communal, town and municipality councils. National government may issue legal acts to which adherence by local authorities is compulsory. The central government appoints a prefect in each county and, as a representative of the government at the sub-national level, this person has the right to control the legality of acts issued by the local authorities (SNG-WOFI, 2022[46]).
Public bodies at the sub-national level are often at the forefront of open government reforms and more innovative forms of citizen and stakeholder participation. This is unsurprising given they are often the closest point of contact with government for many citizens. Furthermore, citizens are more likely to be directly affected by the policies and service delivery in their own communities and thus have more incentive to be involved in the public decision-making process. This is central to the OECD’s concept of an open state, when public institutions beyond the central level – including the sub-national level of government and other branches of the state – pursue an open government agenda. The OECD Open Government Review of Romania (forthcoming[4]) discusses in more detail the potential for Romania’s move from open government to an open state.
As discussed in the section on key legal and policy frameworks and institutions governing participation, Law 52/2003 (Article 4) applies equally to national and sub-national authorities (Government of Romania, 2003[6]). Moreover, the Administrative Code contains specific principles for the general organisation and functioning of local public administration, including the principle of “citizens’ participation in resolving issues of particular local interest” (Article 75) (Ministry of Justice, 2019[14]). Thus, based on Article 138 of the code, meetings of local councils are public and resident citizens have the right to attend and access draft decisions and minutes. The ways that “interested persons” may participate in such meetings is regulated by the respective local council's rules of procedure.
During consultations on draft acts prepared at the central level, associative structures of local administration authorities (namely associations of Romanian communities, cities and municipalities, and a union of county councils) are not given much time to provide input, based on Article 86 of the code: the consultation period starts at least 15 working days before the act’s adoption and associative structures have a minimum of 10 working days to submit their input. These time periods may be reduced further in urgent cases, which limits the ability of local-level structures to impact pending draft acts. During the OECD fact-finding mission, interlocutors noted that in practice, communication between central and local levels works well at times but that there are instances when feedback provided by local counterparts is not sufficiently taken into account in the final text of a draft act.41
Figure 6.6. Diversity of mechanisms for citizens to interact with Romanian sub-national authorities
Note: N=25, multiple selection possible.
Source: OECD (2022[7]), “Survey on Open Government for Romanian Public Institutions”, OECD, Paris, in OECD (forthcoming[4]), Open Government Review of Romania, OECD Publishing, Paris.
Data collected by the OECD suggests that bodies at the sub-national level use diverse tools to interact with citizens. As shown in Figure 6.6, public in-person consultations are the most common way to interact with citizens (used by 80% of respondents to the Survey on Open Government for Romanian Public Institutions), followed by agenda-setting mechanisms (76%), participatory budgets (64%) and public meetings (60%). In addition, several Romanian municipalities implemented good practices such as online platforms for agenda setting or participatory budgets which could inspire other municipalities or counties, presenting an opportunity for cross-municipality and cross-government learning and building on success (Box 6.5). The OECD recognises this diversity as beneficial and as presenting a positive foundation on which to build more ambitious open government agendas. However, in order to do this, public authorities could move beyond the sole use of consultations (online or in-person) to more innovative and impactful approaches including co-creation mechanisms or deliberative processes.
Box 6.5. Good practices in participation at municipal level
Priority setting in the municipality of Iași
Iași municipality created their online Collaborative Solutions Platform (https://solutiicolaborative.ro/team), used by local citizens to decide on municipal priorities in seven strategic areas of development: public spaces, mobility, education, health and environment, good governance and digitalisation, public order and security, and culture (Iași City Hall, n.d.[47]). In each of these areas, multidisciplinary teams work on citizen-friendly solutions. Once adopted, solutions are implemented, as appropriate, in mixed formulas by CSOs, private actors and local authorities. By mid-2022, 1 139 citizens were involved in the platform, a total of 566 problems had been identified and 4 533 votes were cast (Iași City Hall, n.d.[47]).
Participatory budgeting in the municipality of Suceava
The municipality of Suceava’s e-portal (https://eportal.primariasv.ro/dm_suceava/servicii.nsf) allows citizens to submit electronic petitions and take part in participatory budgeting processes. The platform website states that the participatory budget serves as a “framework of a partnership relationship between the public administration and the citizens, in order to actively involve them, through ideas, suggestions, proposals, to improve the quality of life at the level of the local community”. Citizens may submit any project of local interest via the website (Suceava City Hall, n.d.[48]).
Youth participatory budgeting in the city of Cluj-Napoca
The Com’ON Cluj-Napoca project aims to involve young people – and especially those who may not be traditionally inclined to participate in public decision making – in “the generation, development, [and] collection of community initiatives” supported by public funds (Com'ON Cluj-Napoca, n.d.[49]). The process begins with a call for the creation and submission of initiatives and looks for informal groups and micro-communities of young people in the city aged between 14 and 35 to vote on and implement these projects. The first cycle took place in 2015 and saw 248 informal groups propose 437 eligible initiatives. In that year, a total of 48 609 votes were cast by 18 782 persons (Com'ON Cluj-Napoca, n.d.[49]). The project has continued since, with the most recent cycle implemented between 17 May and 20 November 2022, with an overall message focused on well-being, more specifically on quality of community life.
Digital platforms in the municipality of Timișoara
The municipality of Timișoara initiated a digital platform called Decidem Timișoara (https://decidem.primariatm.ro/), through which citizens can organise themselves democratically by presenting proposals, participating in meetings and debates, encouraging discussions on the decision-making process, making decisions through various forms of voting and monitoring the implementation of decisions (Timișoara City Hall, n.d.[50]). The main means of participation are working groups in which experts, citizens and municipal officials co-ordinate activities and hold consultations on key municipal projects. Debates are held in public spaces to discuss essential topics for the city’s development (Timișoara City Hall, n.d.[50]).
Source: Suceava City Hall (n.d.[48]), ePortal, https://eportal.primariasv.ro/dm_suceava/servicii.nsf (accessed on 13 July 2022); Timișoara City Hall (n.d.[50]), Decidem Timișoara, https://decidem.primariatm.ro/ (accessed on 13 July 2022); Iași City Hall (n.d.[47]), Collaborative Solutions Platform, https://solutiicolaborative.ro/team (accessed on 13 July 2022); Com’ON Cluj-Napoca (n.d.[49]), About, https://www.comoncluj.ro/rules (accessed on 28 October 2022).
To facilitate interaction between public authorities and citizens, some municipalities have prepared guidelines for public officials which outline the benefits of participatory decision making while providing specific ideas on organising meaningful processes and increasing administrative transparency (Box 6.6). The existing guidelines could be enriched by the methodology, good practices and principles included in the OECD Guidelines for Citizen Participation Processes (2022[3]). However, evidence from the OECD fact-finding mission suggests that most sub-national authorities do not have a dedicated officer or administrative support in charge of designing and implementing participatory processes. In most cases, interviewees said that involving citizens in participatory processes can be perceived as an additional “legal burden” for sub-national public officials.
Box 6.6. Guidelines from city halls in Romania on promoting transparency and citizen participation
Good practice guide on transparency in local public administration in Deva
In a project co-financed by the European Social Fund 2014-2020, Deva City Hall published a Guide to Good Practice on Transparency in Local Public Administration in 2019, which also focused on preventing and combatting corruption among public officials (Deva City Hall, 2019[51]). The document recognises the importance of establishing guidelines for conduct in the areas of ethics, transparency and efficiency in decision-making processes, in addition to the carrying out of administrative tasks. It notes that transparency can ensure greater operational efficiency across public administration, increase the overall quality of public policies and services, and ultimately increase public trust among those who use these services (Deva City Hall, 2019[51]). The guide moreover links transparency to citizen participation and recommends that, based on Law 52/2003, public officials proactively share information on policy making and hold consultations at different stages of the policy cycle. It also underlines the value of taking different perspectives into account to gain a complete understanding of policy issues. Lastly, the guide emphasises that consultations organised exclusively at the beginning of the policy stage can remain superficial or overly formal, while those held too late can lead to input not being reflected and unresolved disagreements between public officials and stakeholders (Deva City Hall, 2019[51]).
Methodology for operationalising participatory governance in Timișoara
In 2020, Timișoara City Hall introduced a regulation to foster participatory governance in the wider municipality (Timișoara City Hall, 2021[52]). Several CSOs were involved in its development and there was a public debate on it (Debanat.ro, 2021[53]). In addition, the city hall organised an online meeting and invited citizens and CSOs to send in proposals, suggestions and opinions regarding a draft version of the regulation (Timișoara City Hall, 2021[54]). Following this input, the draft methodology was updated to highlight the positive benefits of open and participatory governance for both the public sector and wider society and to adhere more strongly to the values of the Open Government Partnership. The document likewise emphasises the importance of access to information and transparency, and of using new technologies to reach more citizens (Timișoara City Hall, 2021[52]). Furthermore, it underlines the need to protect civic space as an essential element of both a democratic society and good governance. It also advises that digital technologies should be used in a transparent, accountable and participatory manner to streamline government processes and foster citizens’ interest in public decision making (Timișoara City Hall, 2021[52]).
Source: Deva City Hall (2019[51]), Guide to Good Practice on Transparency in Local Public Administration, http://www.poca.ro (accessed on 13 July 2022); Timișoara City Hall (2021[54]), Public Debate, https://www.primariatm.ro/2021/10/27/dezbatere-publica-8/ (accessed on 13 July 2022); Timișoara City Hall (2021[52]), Methodology for Operationalising Participatory Governance, https://www.primariatm.ro/administratie/consiliul-local/proiecte-de-hotarari/?uid=235CD6DE73B431F3C22587740022A67D (accessed on 13 July 2022); Debanat.ro (2021[53]), “The municipality of Timișoara is thinking about implementing participatory governance”, https://debanat.ro/2021/10/municipalitatea-din-timisoara-se-gandeste-la-implementarea-guvernarii-participative_349387.html (accessed on 13 July 2022).
Recommendations
To enhance citizen and stakeholder participation at the sub-national level, Romania could:
Ensure that the good practices being implemented by Romanian municipalities, such as participatory budgeting, are disseminated across the country as models, through a network or community of practice on open government.
This could be part of a broader effort to create synergies among local authorities (as well as with other levels of government) in pursuit of an open state. Further recommendations are included in the OECD Open Government Review of Romania (forthcoming[4]).
Ensure the overall quality of participation initiatives by increasing awareness of relevant existing guidance elaborated by the General Secretariat and municipalities, and by making sure public authorities close the feedback loop, ensuring greater transparency on how recommendations are adopted (or not).
Establish closer means of collaboration between central and sub-national authorities and stakeholders, for example by involving local structures at an earlier stage and throughout the policy process, to ensure that a local perspective is taken into account at national level.
Encourage public officials in municipalities and counties to move beyond consultations towards more impactful and engaging mechanisms, including by experimenting with innovative methods such as digital platforms, deliberative assemblies and others.
6.4.3. Creating opportunities for more inclusive dialogue with citizens and CSOs, involving underrepresented and marginalised groups
Seeking to move beyond involving people who typically engage in participation processes (more active, better educated, self-selecting citizens and CSOs) is key and requires targeted strategies and initiatives. Engaging individual citizens is as important as engaging organised stakeholders and, while the difference between these groups can be blurred at times, both can enrich discussions and contribute varied inputs from a diverse range of perspectives (OECD, 2022[3]). As noted by the OECD Guidelines for Citizen Participation Processes, some types of participation are better suited to CSOs than citizens, while others can be adapted to both types of participant (OECD, 2022[3]).
When seeking to involve citizens in decision-making processes, special efforts may be needed to motivate them to participate. Generally, citizens may be under the impression that they do not have an impact on decisions or the expertise to adequately contribute: clear messaging on the types of contributions sought can help address these concerns. Analysis from the General Secretariat evaluating central and local public administration practices notes that among public authorities surveyed in 2021, only 16% had developed programmes or pilot projects to improve collaboration with citizens (General Secretariat of the Government, 2021[16]). This demonstrates that overall, there is potential for Romania to create and offer more opportunities for citizens to advocate for themselves on an individual as well as a collective level.
Targeted outreach to the public and underrepresented groups is essential to gathering a plurality of views. Vulnerable or otherwise underrepresented groups (see section on equality and non-discrimination in Chapter 3) often do not have equal access to opportunities to participate or are less able or willing to participate for a variety of reasons, ranging from a lack of education and awareness to a lack of trust in public authorities. Public institutions thus have responsibilities to these communities and are encouraged to make extra efforts to counteract their disadvantaged position (OECD, 2017[1]). Perceptions of “procedural justice” or fairness – in terms of being listened to and views being taken on board – are central, to avoid exacerbating existing societal inequalities.
Moving forward, it is essential that Romania actively seeks to engage underrepresented groups in discussions of draft laws and policies, with a view to more cohesive and inclusive policy making and as a way of building trust at local and national levels. This principle is reflected in the OECD Recommendation of the Council on Open Government (OECD, 2017[1]), which stresses how important it is for governments to make efforts to reach out to the most vulnerable, marginalised or underrepresented groups in society. Currently, there is a perception among CSOs representing vulnerable, discriminated or other excluded groups, notably the Roma community, persons with disabilities, and lesbian, gay, bisexual, transgender and intersex (LGBTI) groups, of not having equal access to all ministries or other public authorities.42 Targeted outreach to such groups, in addition to other minorities, women, youth, the elderly and rural communities, could help in this regard. Romania could learn from the Finnish example of engaging youth and marginalised groups in decision making around issues that particularly affect them (Box 6.7).
Box 6.7. Climate policy case study in Finland
The Climate Change Act entered into force in Finland on 1 July 2022, replacing a previous act adopted in 2015 (Finnish Ministry of the Environment, 2022[55]). The new act includes climate change policy-planning provisions and sets national climate objectives, including emission reduction targets by 2030 and 2040. It also outlines obligations for authorities in monitoring progress (Finnish Ministry of the Environment, 2022[55]).
During the reform process, Finland demonstrated a significant commitment to involving citizens in public decision-making processes, with a particular emphasis on groups which could be more affected than others, for example youth and the Indigenous Sámi population. There were two open, online hearings on climate policy, regional meetings around the country and dialogues (https://www.sitra.fi/en/timeout/). One online hearing saw over 16 000 participants join the debate. Specific hearings for Sámi youth and a digital jury for young people were staged, both in 2020. There were also surveys and web questionnaires on social media, such as Instagram. Youth groups were invited to test the survey questions to ensure accessibility and it was possible to answer in six languages. Some 2 500 answers in 5 languages were received in response to a survey.
Source: Email received from Finland, 4 May 2022; Finnish Ministry of the Environment (2022[55]), The Reform of the Climate Change Act, https://ym.fi/en/the-reform-of-the-climate-change-act (accessed on 12 July 2022).
The government could consider disseminating targeted invitations by high-ranking figures including named invitations to relevant participatory processes. Such outreach could also be communicated in minority languages to ensure maximum awareness and inclusivity. It is positive that at the local level, Article 94 of the Administrative Code already foresees the use of minority languages by local public administration in areas where members of national minority communities make up more than 20% of inhabitants; where their percentage is lower, local authorities may decide to do this of their own accord. Travel by government officials to different parts of the country to engage communities in person can also be helpful.
It is important to create safe spaces for debate during consultation events, both online and offline, to ensure that people from relevant groups can speak their minds without fear or stigma. Notably, it may be helpful to place emphasis on non-digital means of conducting public consultations, to avoid excluding individuals or groups who are not online (see the section on bridging the digital divide by enhancing information and communication technology (ICT) literacy in Chapter 4). In particular, poor and marginalised groups and persons of a certain age may experience difficulties in engaging via online tools and it is important that their perspectives are sought and taken into account; non-digital channels of communication can be explored for this purpose, in close co‑operation with representatives of these groups.
In addition, informal opportunities for dialogue and recognition can help to raise awareness of underrepresented groups. The Resource Centre for Public Participation (CeRe) hosts an annual Public Participation Awards Gala, as part of which it rewards citizens and organisations which successfully pressure public bodies to take action and highlights “the most interesting advocacy or public consultation initiatives” (CeRe, n.d.[56]). The General Secretariat could consider hosting a similar annual event to recognise outstanding contributions from CSOs and citizens to policy making, including underrepresented groups, as well as to celebrate instances of public officials or bodies making particular efforts in their participation and outreach efforts.
Capacity among public officials is widely recognised as a challenge.43 The provision of training courses and capacity-building events can be a way of ensuring that both public officials and non-governmental stakeholders embody open government principles. Such training is widely available in countries adhering to the OECD Recommendation of the Council on Open Government (OECD, 2020[32]). In particular, 78.9% (30 respondents to the 2020 Survey on Open Government) offer training on access to information, followed by training on open government data (73.7%, 28) and citizen and stakeholder participation (63.2%, 24). While the number has been growing, for the time being only 36.8% (14) of respondents have dedicated training on open government. Similarly, the provision of guidelines and toolkits in certain areas is widespread, for example on open government data (34, 89.5%) and citizen and stakeholder participation (31, 81.6%). Integrated resources on open government, however, are available only in 13 responding countries (34.2%).
Recommendations
To enhance inclusion and ensure that all individuals and groups in Romania have equal access to public authorities and decision-making processes, Romania could:
Explore ways to foster more citizen participation alongside engaging CSOs and other organised groups, as both have unique and useful insights.
In line with the OECD Guidelines for Citizen Participation Processes (2022[3]), public authorities should decide with whom to engage at which stage of decision making and adapt the participatory process design accordingly, to ensure the necessary conditions for different stakeholders are met.
Conduct more inclusive outreach on participation opportunities among the general public and specific, targeted outreach among vulnerable, marginalised or particularly affected groups, with an emphasis on delivering communications in minority languages (including at the central level) and in accessible formats (including non-digital).
This may include targeted outreach to regions, municipalities or persons with specialised expertise.
Ensure that public officials in ministries and relevant public bodies are explicitly tasked with enhancing participation practices, and have the skills and resources to do so, to make them more inclusive. High-level support from senior managers will be essential in this regard.
6.4.4. Reducing the use of emergency ordinances
An additional cross-cutting area that requires attention is the use of emergency ordinances. In cases where an emergency or exceptional circumstances require immediate solutions to avoid prejudice to the public interest, Article 7 par 13 of Law 52/2003, based on relevant provisions of the constitution, stipulates that the adoption of a draft act may take place, using a fast-track procedure without need for public consultation (Box 6.8).
While it is important for states to be able to pass emergency legislation rapidly in a crisis situation, as evidenced since the start of the COVID-19 pandemic, international guidance suggests that such actions need to be limited to what is necessary and proportionate under the circumstances, need to be temporary in nature and subjected to regular parliamentary and court scrutiny (ELI, 2020[57]). Sparing use is also advised because such emergency mechanisms essentially circumvent existing checks and balances in the law-making process, especially commitments to involve stakeholders (ELI, 2020[57]). Moreover, where emergency ordinances are frequently adopted, they risk compromising the quality and foreseeability of legislation, given the lack of parliamentary oversight and input by other stakeholders (ELI, 2020[57]).
Box 6.8. Regulation by emergency ordinance and its effects on citizen and stakeholder participation
In line with Article 115 of the constitution, the government may adopt emergency ordinances only in extraordinary circumstances, where regulation cannot be postponed and in cases of urgency (Ministry of Justice, 1991[9]). Such ordinances enter into force only after they have been submitted for debate to both parliamentary chambers and after they have been published in the Official Gazette. Article 115 further outlines specific legal areas (e.g. constitutional laws or where constitutional rights, freedoms and duties are affected) that should never be regulated by emergency ordinance.
In practice, the number of such ordinances passed each year in Romania (around 100) indicates this provision is interpreted quite broadly (Venice Commission, 2019[58]). Civil society actor interviewees noted a high frequency in this respect, with some estimating that in the first 6 months of 2022, the government identified no fewer than 100 urgent situations and that in the vast majority of such cases, there were no public debates before emergency ordinances entered into force.1
Even before the COVID-19 pandemic, it was not unusual for key pieces of Romanian legislation to be adopted via emergency ordinance. Notable examples of this are Emergency Ordinance 78/2004 on the Establishment of the National Agency for Roma (Ministry of Justice, 2004[59]) and Emergency Ordinance 57/2019 adopting the Administrative Code (Ministry of Justice, 2019[14]). Controversial legislation amending laws on the judiciary was also passed via emergency ordinances in 2018 and 2019.2
In early March 2022, the government adopted Emergency Ordinance 16/2022, amending Law 52/2003, citing security challenges “in the immediate vicinity of Romania’s borders” (Ministry of Justice, 2022[60]), which specified that where the government considers that the public interest demands it, laws or ordinances may be passed by urgent procedures without parliamentary oversight or public consultations. Since March 2022, a related complaint submitted by the People’s Advocate has been pending with the Constitutional Court, in which the court is asked to review whether the emergency situations in which the ordinance applies are sufficiently defined (People's Advocate, 2022[61]).
More recently, in late September 2022, the government adopted Decision 1173 (Ministry of Justice, 2022[62]) adding a new Annex 6 to its earlier decision 561/2009 regulating government procedures for the elaboration, approval and presentation of draft acts and public documents. Annex 6 seeks to clarify the circumstances in which emergency ordinances may be adopted, the manner in which their impact will be assessed, and the procedures for their preparation and approval, based on existing legislation and case law from the Constitutional Court.
1. Interviews with civil society representatives, February-July 2022.
2. Notably, Emergency Ordinance 77/2018 supplementing Article 67 of Law 317/2004 on the Superior Council of Magistracy; Emergency Ordinance 90/2018 on some measures for the operationalisation of the Section for the Investigation of Criminal Offences within the judiciary; Emergency Ordinance 92/2018 for amending and completing some normative acts in the field of justice; Emergency Ordinance 7/2019 on certain temporary measures relating to the admission contest to the National Institute of Magistracy, the initial professional training of judges and prosecutors, the graduation examination of the National Institute of Magistracy, the internship and the capacity examination of trainee judges and prosecutors, as well as for the amendment and completion of Law 303/2004 on the status of judges and prosecutors; Law 304/2004 on the judicial organisation; and Law 317/2004 on the Superior Council of Magistracy; and Emergency Ordinance 12/2019 amending and supplementing some normative acts in the field of justice were all adopted to amend different laws on the judiciary.
Source: Ministry of Justice (1991[9]), Constitution of 21 November 1991, https://legislatie.just.ro/Public/DetaliiDocumentAfis/47355; Venice Commission (2019[58]), Opinion on Emergency Ordinances GEO No. 7 and GEO No. 12 Amending the Laws of Justice (Romania), https://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2019)014-e; Ministry of Justice (2004[59]), Government Emergency Ordinance 78/2004 for the Establishment of the National Agency for Roma, https://legislatie.just.ro/Public/DetaliiDocumentAfis/56035; Ministry of Justice (2019[14]), Government Emergency Ordinance No. 57/2019 on the Administrative Code, https://legislatie.just.ro/Public/DetaliiDocumentAfis/215925; Ministry of Justice (2022[60]), Government Emergency Ordinance 16/2022 for the Amendment of Article 7 para.13 of Law 52/2003 on the Transparency of Decision-making in Public Administration, https://legislatie.just.ro/Public/DetaliiDocumentAfis/252298; People’s Advocate (2022[61]), Exception of Unconstitutionality lodged on 24 March 2022 with the Constitutional Court, https://avp.ro/wp-content/uploads/2022/03/Ecx-OUG-16-2022.pdf; Ministry of Justice (2022[62]), Decision 1173/2022 for Completing the Regulation on Procedures, at the Level of the Government, for the Elaboration, Endorsement and Presentation of Draft Public Policy Documents, Draft Normative Acts, as well as Other Documents, for Adoption/Approval, https://legislatie.just.ro/Public/DetaliiDocument/259551; ELI (2020[57]), ELI Principles for the COVID-19 Crisis, https://www.europeanlawinstitute.eu/fileadmin/user_upload/p_eli/Publications/ELI_Principles_for_the_COVID-19_Crisis.pdf; EC (2022[63]), “2022 Rule of Law Report: Country Chapter on the Rule of Law Situation in Romania”, https://ec.europa.eu/info/sites/default/files/52_1_194026_coun_chap_romania_en.pdf.
The frequent use of emergency ordinances in law making means that, in practice, consultations take place on some but not all draft acts. Thus, according to the General Secretariat, in cases where draft acts are passed using this type of urgent procedure, 80% of public institutions responding to a survey noted that less than 10% of these types of draft act were submitted for consultation (General Secretariat of the Government, 2021[16]) . This may have potentially serious consequences for the quality of such laws, and also for the transparency of the law-making process and legal certainty. During the OECD fact‑finding mission, several civil society interviewees noted that many important and fundamental matters are regulated by emergency ordinances or similar regulations.44 The European Commission’s recent rule of law report on Romania likewise noted the effects that regular use of emergency ordinances may have on the stability and predictability of legislation, referring to reports indicating that not all draft emergency ordinances presented substantiated reasons to justify extraordinary situations (EC, 2022[63]). Similarly, the Council of Europe’s Venice Commission noted in 2019 that routine use of emergency powers in Romania affected the quality of legislation due to the lack of consultation with stakeholders, disturbed legal certainty, weakened external checks on government and disregard for the principle of the separation of powers (Venice Commission, 2019[58]).
As long as there are no clear and transparent criteria in Romanian law defining what constitutes an emergency situation, this practice will continue to raise concerns regarding the foreseeability and legality of normative acts. The new government decision (Decision 1173), with its reiteration of what is set out in the constitution, and its overview of what the Constitutional Court has said on the matter, provides guidance in this regard but it remains to be seen whether on its own, without additional clear regulations, it will help to change existing practice in relation to emergency ordinances.
Recommendations
To reduce the use of emergency ordinances, Romania could:
Envisage further reforms to ensure that they are only used in exceptional cases and that parliamentary oversight and stakeholder and citizen consultation remain the norm.
For example, as a means of enhancing legal certainty, the government could define narrow criteria for instances where the use of such ordinances is legitimate in both the constitution and Law 52/2003. This could involve establishing a crisis protocol which defines priorities in cases of emergency and related steps to avoid arbitrary use of such ordinances.
Initiate an internal review process to assess whether parliamentary oversight mechanisms outlined in Article 115 of the constitution are functioning in practice.
6.5. Adopting new and innovative approaches to citizen and stakeholder participation in Romania
6.5.1. Promoting innovation and cross-government learning on participation
The last few decades have witnessed a transformation of citizen and stakeholder participation practices in many countries through new forms of dialogue and innovations, many of which have been introduced as a response to declining citizen trust in traditional institutions and processes (Kamlage and Nanz, n.d.[64]).
In Romania, as discussed above, pockets of good participatory practice can be found at national and local levels. However, a 2021 analysis by the General Secretariat evaluating central and local public administration practices in decision-making processes shows that only 18% of surveyed public authorities had taken steps to implement innovative practices to stimulate public participation, including the live transmission of meetings, establishment of working groups including CSOs and other stakeholders or the introduction of forms for collecting opinions and recommendations (General Secretariat of the Government, 2021[16]). Overall, public bodies remain hesitant to move beyond established practice to experiment with different participation methods emerging around the globe and to engage citizens at large.45 There has so far been no emphasis on co-creation, meaning the joint preparation of laws and policies by public bodies and civil society stakeholders. An upcoming report on Strengthening the Innovative Capacity of the Government of Romania prepared by the OECD Observatory of Public Sector Innovation (OPSI) notes that while there have been some positive attempts to change this, innovation strategies are currently not being implemented consistently or in a comprehensive, long-term manner (OECD, forthcoming[65]). Reasons for this include, among others, a preference to maintain the status quo in public policy making (rather than take risks and engage in radical change), coupled with hierarchical and multi-layered decision-making processes and a lack of capacity within the public sector which is exacerbated by frequent staff changes.
Instead of being required to adhere to relevant legal frameworks alone, public officials could be afforded the freedom, or even be incentivised, to try new methods, whether in person or through the use of digital tools. Training may usefully be offered to encourage this, including new methods of participation. As illustrated by the 2020 OECD Survey on Open Government (2020[32]), this would be in line with practice in many OECD Members: 59% of OECD respondent countries hold training for public officials on citizen and stakeholder participation, including advisory mechanisms, consultation mechanisms and co-creation mechanisms.46 As mentioned above, creating a platform or community of practice for exchange and cross-learning between public bodies could allow officials to report on what works and what could be improved in the future. Indeed, during the fact-finding mission many government representatives noted with regret the absence of co-operation and communication mechanisms across the public sector, where ministries and other public institutions share experiences and lessons learnt in the field of citizen participation.47
Adopting practices that encourage and facilitate more innovation will necessitate a significant cultural shift within the public sector (OECD, 2014[66]). Senior officials could delegate authority to those implementing participatory practices and facilitate the use of different methods, in addition to providing the necessary budgets and allowing adequate time for consultations. Romania could take inspiration from France in this regard (Box 6.9).
Box 6.9. Centre of Citizen Participation in France
The Inter-Ministerial Directorate for Public Transformation (DITP) is the public institution in charge of the open government agenda in France, with a specific emphasis on citizen participation. In 2019, it created the Centre of Citizen Participation (Centre interministériel de la participation citoyenne) to centralise and foster related expertise by providing the following:
A physical space: The centre provides a physical space open to public institutions, civil society and citizens alike. Public authorities can use this space to organise meetings and other activity with citizens and stakeholders.
A centre of expertise: The centre provides public officials and civil society with technical support and guidance to implement participatory processes. Public officials have access to knowledge resources, examples and templates to organise participatory mechanisms, as well as ready-to-use digital tools. Dedicated teams support the organisation of participatory processes by other public institutions and provide related training for public officials and other interested stakeholders.
A digital platform for participation: The DITP established a centralised platform for participatory opportunities at the national level (https://www.participation-citoyenne.gouv.fr/). This platform allows citizens to easily find opportunities and monitor the impact of their participation. It also allows public authorities to provide feedback and communicate on their participatory opportunities via a simple and harmonised platform.
A community of practice: The DITP created a digital hub to group communities of practice working on open government and state modernisation. With more than 50 different communities, this hub allows public officials to discover and join groups which interest them on a wide range of subjects (e.g. participation, digital services, collective intelligence, design thinking, etc.).
Source: OECD (2022[26]), Open Government Review of Brazil: Towards an Integrated Open Government Agenda, https://dx.doi.org/10.1787/3f9009d4-en.
Romania could draw on the co-creation process it undertakes as part of the elaboration of the OGP National Action Plans (OGP, n.d.[67]). Although the latest Independent Reporting Mechanism report on Romania’s 5th Action Plan 2020-2022 (OGP, 2021[68]) found some weaknesses in the Romanian process, including “low levels of civil society involvement and a weak exchange of ideas”, the design of such a participatory process has value as a model for decision making in other policy areas.
E-democracy is a useful way to gauge citizens’ opinions or involve the population in policy issues. Online methods of participation can expand the reach of government communication and foster a multi-channel approach to ensure all social groups participate on an equal basis. However, digital conversations should not replace more traditional forms of participation in consultations and consultative bodies, which allow for long-term, direct and high-quality interaction with public bodies. It is thus important to ensure that a variety of consultation tools, both digital and non-digital, are available to people (see section on bridging the digital divide in Chapter 4).
At the European level but also globally, a variety of increasingly popular e-democracy initiatives are taking place48 (ELF, 2017[69]) which allow citizens to make informed choices on matters of public policy. Some of these, such as public consultations via platforms such as E-Consultare and citizens’ legal initiatives, already exist in Romania and could be developed further. Other forms of digital democracy may be considered for the future, though the need for, and benefits of, such mechanisms will depend on the issue at hand. For this reason, Romania could continue exploring, experimenting and supporting collaboration with digital ecosystems including public innovation laboratories, civic technologies (CivicTech) and GovTech.49 The General Secretariat could lead by example in this area by promoting new forms of participation and communicating learning on what works best. Regular impact evaluations of such efforts, in relation to participants’ own perceptions of inclusion and their sense of their opinion being valued, would help to shed light on how to improve such practices.
Furthermore, as the 2020 OECD report Innovative Citizen Participation and New Democratic Institutions: Catching the Deliberative Wave (2020[70]) finds, many governments have been embracing innovative ways of engaging citizens through mechanisms such as citizens’ assemblies, juries, panels and other representative, deliberative processes, to better understand priorities and concerns (OECD, 2020[70]). These types of process involve gathering a randomly selected group of people who are broadly representative of a community and who spend time learning from experts on a policy problem and collaborating to form collective recommendations for policy makers (OECD, 2020[70]). The benefits of representativeness and deliberation are manifold, often leading to better policy outcomes, as they result in well-thought-out public judgment rather than public opinions and empower ordinary citizens to make their voices heard and to engage with governments continuously. Furthermore, evidence shows that these processes have helped public authorities make difficult decisions on a wide range of policy issues, especially those affected by political stalemate (OECD, 2020[70]). Such processes have the potential to target and address a rising trend of citizen malaise with democratic institutions. Romania could take inspiration from countries that have undertaken deliberative practices, at both the national and local levels (Box 6.10).
Box 6.10. Examples of innovative citizen participation at the local and national levels
The Citizens’ Assembly, Ireland
Representative citizens’ assemblies have become a central feature of policy making in Ireland in recent years, with a number of notable successes in tackling complex policy issues. A Citizens’ Assembly met 12 times over 3 years (2016‑18) to consider a range of issues including making Ireland a leader in combatting climate change, responding to the challenges and opportunities of its ageing population and lifting the constitutional ban on abortion, among others. In January 2023, an assembly on biodiversity loss submitted its recommendations to the government. Further assemblies on the future of education and on drug policy are planned.
Permanent Citizens’ Assembly in Paris, France
In 2021, Paris became the first city to establish a permanent Citizens’ Assembly composed of ordinary citizens with the aim of advising elected officials. The 100 participants are randomly selected to broadly represent the Parisian population. The assembly’s members evaluate public policies; engage with elected officials, academics, activists and experts; submit proposals on priority issues; and decide on focus areas for Paris’ annual participatory budget.
Citizens’ Panel in Lublin, Poland
Lublin is the second city in Poland, after Gdańsk, to benefit from citizens’ panels, three of which have been held so far to deliberate on issues of importance to its citizens. One such panel on improving air quality took place in December 2018 and consisted of 60 panellists and 36 hours of discussion over 6 days. The deliberations yielded 55 recommendations for the city on reducing smog.
Citizens’ Assembly on Human Rights, Bosnia and Herzegovina
In 2022, a citizens’ assembly on human rights took place in Bosnia and Herzegovina involving 57 randomly selected citizens in Sarajevo and Teslić. Over a period of two weeks, these groups of citizens deliberated on how to eliminate discrimination in the country’s political and electoral system. Discussions were co‑ordinated by independent facilitators and experts in the field of human rights, electoral law and constitutional law.
More information on citizens’ assemblies and other forms of direct citizen participation can be found in the OECD’s 2020 publication, Innovative Citizen Participation and New Democratic Institutions (2020[70]).
Source: OECD (2021[71]), Better Governance, Planning and Services in Local Self-Governments in Poland, https://dx.doi.org/10.1787/550c3ff5-en; OECD (2020[70]), Innovative Citizen Participation and New Democratic Institutions: Catching the Deliberative Wave, https://dx.doi.org/10.1787/339306da-en; City of Paris (2022[72]), Une Assemblée citoyenne pour faire entendre votre voix, https://www.paris.fr/pages/assemblee-citoyenne-20187 (accessed on 10 July 2022); Citizens Information (2022[73]), Citizens’ Assembly, https://www.citizensinformation.ie/en/government_in_ireland/irish_constitution_1/citizens_assembly.html (accessed on 10 July 2022); Bürgerrat (2022[74]), “A citizen’s assembly on human rights”, https://www.buergerrat.de/en/news/a-citizens-assembly-on-human-rights/.
Recommendations
To promote more citizen participation, innovation and cross-government learning, Romania could:
Foster innovation and experimentation in the public sector with new participatory methods and practices (e.g. representative deliberative processes, participatory budgeting).
Encourage a more open, experimental approach by incentivising new practices (e.g. through promotions, terms of reference and awards).
Initiate projects to pilot innovative approaches such as deliberative assemblies, co-drafting and co-creation. The sub-national level could become a laboratory to spur innovation and increase the impact of participation initiatives with learning replicated at the national level as part of an open state approach (see OECD Open Government Review of Romania (forthcoming[4])).
Continue exploring and experimenting with digital democracy approaches, by testing new tools and supporting collaboration with digital ecosystems including public innovation labs, CivicTech and GovTech.
Consider using deliberative processes to engage representative groups of citizens to solve complex policy dilemmas that require whole-of-society insights (e.g. responses to climate change) as well as value-based issues (e.g. Roma rights).
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Notes
← 1. Participation via information: An initial level of participation characterised by a one-way relationship in which the government produces and delivers information to stakeholders. It covers both on-demand provision of information and “proactive” measures by the government to disseminate information.
← 2. Participation via consultation: A more advanced level of participation that entails a two-way relationship in which stakeholders provide feedback to the government and vice-versa. It is based on the prior definition of the issue for which views are being sought and requires the provision of relevant information, in addition to feedback on outcomes of the process.
← 3. Participation via engagement: When stakeholders are given the opportunity and necessary resources (e.g. information, data and digital tools) to collaborate during all phases of the policy cycle and in service design and delivery.
← 4. By its own account, the platform has led to the withdrawal of certification for illegal timber products and has had a positive impact on the conservation of the Nera River. Individuals may create their own petitions and seek support via this platform, which according to Declic’s website has already organised more than 100 online campaigns, with support from over 800 000 Romanian citizens to date.
← 5. In a 2021 analysis evaluating central and local public administration practices in decision-making processes, the General Secretariat of the Government (hereafter “General Secretariat”) noted that in 76% of cases, decision-making processes took place at the initiative of public institutions, with only 20% of such processes based on proposals from civil society, experts or academics (General Secretariat of the Government, 2021[16]).
← 6. Interviews with government and civil society representatives, February-July 2022.
← 7. Interviews with government and civil society representatives, February-July 2022.
← 8. Interviews with government representatives, February-July 2022.
← 9. Interviews with civil society representatives, February-July 2022.
← 10. Interviews with government and civil society representatives, February-July 2022.
← 11. As Romania has ratified the International Covenant on Civil and Political Rights (ICCPR), it is obliged to adhere to the provisions of this instrument, including Article 25 on the right to public participation, providing every citizen with the right and opportunity to take part in the conduct of public affairs, directly or through freely chosen representatives.
← 12. This relates to information pertaining to national defence, national security and public order, the country’s economic and political strategic interests and classified deliberations of authorities.
← 13. This includes information on the values, deadlines, and technical and economic data of commercial or financial activities, provided that their publication violates the principle of fair competition.
← 14. Interviews with government and civil society representatives, February-July 2022.
← 15. Draft acts relevant to the business environment are automatically shared with businesses and other entities operating in that sector (see Article 7, para. 3, of Law 52/2003).
← 16. However public debates are at times held by authorities of their own accord or at the request of other public bodies, according to the annual reports on implementation of Law 52/2003, e.g. the Ministry of the Environment, Water and Forests and the Ministry of Justice both indicated they had organised public meetings ex officio in 2021, while the report from the Ministry of Transport and Infrastructure indicated this for 2020.
← 17. The majority of reports reviewed covered the period 2019-21.
← 18. People whose rights under the law have been violated may file administrative complaints in accordance with Law 552/2004 on Administrative Litigation; these complaints will be dealt with via an emergency procedure (Article 14 of the Law 52/2000). Public officials who do not allow persons access to public meetings or who prevent the involvement of interested persons in the process of drafting normative acts of public interest can be subjected to disciplinary liability. At the same time, individuals who violate the applicable rules when participating in a public meeting may receive a warning by the chairperson of the session and may, if this is not heeded, ultimately be removed from the meeting (Article 16 of Law 52/2000).
← 19. The National Tripartite Council for Social Dialogue is an advisory body made up of representatives of employers’ and trade union confederations, government representatives (ministries and other state structures), as well as a representative of the National Bank of Romania, the President of the Economic and Social Council and other members as agreed (Article 76 of the law). The Tripartite Council is chaired by the Prime Minister, with the Minister of Labour and Social Protection as his/her deputy (Article 77). As set out in Article 78 of the law, the main responsibilities of the National Tripartite Council include debating and analysing draft government programmes and strategies, and developing and supporting the implementation of strategies, programmes, methodologies and standards in the field of social dialogue, among others.
← 20. OECD online public consultation with CSO stakeholders, November 2021-January 2022.
← 21. Interviews with government representatives, February-April 2022.
← 22. Interviews with government and civil society representatives, February-July 2022.
← 23. Interviews with civil society representatives, February-July 2022.
← 24. Online public consultations with CSO stakeholders, November 2021-January 2022.
← 25. The French Economic, Social and Environmental Council (CESE) is a constitutional consultative body mandated to advise the government and parliament on draft laws and other statutory instruments, elaborate reports about economic, social and environmental issues, and receive citizen petitions. It is composed of 175 members representing trade unions, companies, associations and environmental organisations. For more information, see https://www.lecese.fr/en.
← 26. The Moroccan Economic, Social and Environmental Council is an independent constitutional institution which provides advice to the government and the two Houses of Parliament. It is composed of 105 members, involving experts as well as representatives of trade unions, professional organisations and associations, civil society, and certain designated institutions and bodies (including those active in areas such a planning, banking, education and science, social security etc., and the Ombudsman Institution). For more information, see https://www.cese.ma/.
← 27. In mid-September 2022, the French president announced a citizens’ convention on the following question: “Is the framework for end-of-life support adapted to the different situations encountered or should possible changes be introduced?” The organisation of the convention was entrusted to the Economic and Social Council, which mandated HarrisInteractive, a research and polling institute, to draw lots from randomly generated telephone numbers (85% mobile phones and 15% landlines) and make phone calls to identify 150 volunteer citizens representative of the diversity of French society.
← 28. Interviews with government and civil society representatives, February-July 2022.
← 29. The Guide to an Innovative Approach to Citizen Involvement in Decision-making aimed at supporting central public authorities in managing the necessary innovative processes for interaction with civil society to streamline participatory processes. Based on questionnaires completed by 45 public institutions and 70 CSOs, the guide provides a summary and analysis of the existing domestic legislative framework on participation and involvement of citizens in public decision making and showcases international trends and relevant good practice from other countries. This publication additionally contains numerous proposals for enhancing citizen participation, notably involving stakeholders in consultations at an early stage, extending deadlines for feedback as needed and increasing new platforms for consultation, such as online or hybrid consultations. Other recommendations include the creation of a single national digital tool centralising the expertise of NGOs for use by public institutions and establishing an independent support structure with theoretical and practical skills, institutional memory, and the resources needed to perform certain tasks and solve problems as needed.
Another useful tool published in 2019 is the Good Practice Handbook on Promoting a Proactive Approach to the Principles of Transparent, Open and Participatory Governance (Government of Romania, 2019[75]). This handbook describes standards containing the relevant principles of participation, with reference to key documents adopted internationally by the OECD, as well as other organisations such as the United Nations, the Council of Europe, the Office for Democratic Institutions and Human Rights of the Organization for Security and Cooperation (OSCE/ODIHR), the OGP and the EU. It likewise provides examples of participation mechanisms and local models from different states.
← 30. Decidim was set up by Barcelona City Council to create a “technologically mediated citizen participation process around the Municipal Action Plan, with three major goals: making a process that is transparent and traceable, expanding participation through the digital platform and integrating face-to-face and digital participation”.
← 31. Annex 1 to the methodological norms outlines the contents of the announcement, which shall include a descriptive paragraph outlining the identified problem, the solution proposed by the act, the expected impact and other relevant information, as well as related documentation. This shall involve (as applicable): the draft act itself, the substantiation note or explanatory memorandum, a statement of reasons, the “approval report” outlining the necessity of adopting the proposed draft act, certain research studies (impact/feasibility study, etc.) and the raw data on which these were based, among others.
← 32. Interviews with government and civil society representatives, February-July 2022.
← 33. For further information, see information provided by the UK Government Digital Service on “Content design: planning, writing and managing content”, https://www.gov.uk/guidance/content-design/writing-for-gov-uk (published in 2016, updated in 2022).
← 34. In the case of debates, this includes the written recommendations collected.
← 35. Notably, the annual reports prepared by the Ministry of Development, Public Works and Administration (2021), the Ministry of the Environment, Water and Forests (2021), the Ministry of Justice (2021), and the Ministry of Transport and Infrastructure (2020) included this information.
← 36. Interviews with government and civil society representatives, February-July 2022.
← 37. At a minimum, these reports are required to include the following:
the total number of recommendations received
the total number of recommendations included in the draft normative acts and in decisions taken
the number of participants in public meetings
the number of public debates organised on draft normative acts
the status of cases where the public authority was sued for not complying with provisions of Law 52/2003
public authorities’ assessment of the partnership with citizens and legally constituted associations
the number of meetings with non-governmental actors and the reasons for restricting access.
← 38. This was observed, e.g. in the case of the reports from the Ministry of Economy (2020), at http://www.economie.gov.ro/transparenta-decizionala/rapoarte-de-aplicare-a-legii-52-2003#; the Ministry of Education (2019), at https://www.edu.ro/legea-52; the Ministry of Health (2020), at https://www.ms.ro/wp-content/uploads/2021/02/Raport-MS-2020.pdf; and the Ministry of Transport and Infrastructure (2020), at http://www.mt.gov.ro/web14/despre-noi/interes-alte-informatii-rapoarte.
← 39. This information is at times published on the webpage of the respective consultation procedure.
← 40. Background information received from the General Secretariat for the Civic Space Review of Romania.
← 41. Interviews with government and civil society representatives, February-July 2022.
← 42. Interviews with civil society representatives, February-July 2022.
← 43. Interviews with government and civil society representatives, February-July 2022.
← 44. Interviews with civil society representatives, February-July 2022.
← 45. Interviews with government and civil society representatives, February-July 2022.
← 46. The 2020 OECD Survey on Open Government asked: “Does your central/federal government offer training for civil servants on any of the following?” Out of 32 OECD respondent countries, 19 selected “citizen and stakeholder participation (e.g. advisory mechanisms, consultation mechanism, co-creation mechanisms, etc.)”.
← 47. Interviews with government representatives, February-July 2022.
← 48. These include e-consultations (obtaining the opinion of specific stakeholders in a manner which is not legally binding), e-collaboration (stakeholders may submit proposals on a certain draft policy or law and can thus shape policies), e-referenda (a legally binding decision-making process whereby specific audiences or the general public may take decisions mandatory for implementation) and e-citizens’ initiatives (inviting the government or legislature to propose regulation on a particular matter).
← 49. CivicTech is any technology that enables communication, engagement and participation with citizens, or aims to improve the relationship between the government and citizens. In addition, many CivicTech tools may be used by citizens or stakeholders themselves, independently of government. GovTech refers to the use of technology to increase the efficiency of internal operations across public administration by, for example, introducing new tools or digitalising processes (Apolitical, 2019[76]).