Changes to the Law on Direct Citizen Participation (BG0088)
Overview
At-a-Glance
Action Plan: Bulgaria Action Plan 2022-2024 (December)
Action Plan Cycle: 2022
Status:
Institutions
Lead Institution: Administration of the Council of Ministers
Support Institution(s): Citizen Participation Forum Association
Policy Areas
Democratizing Decision-Making, Legislation, Mainstreaming Participation, Public Participation, Regulatory GovernanceIRM Review
IRM Report: Bulgaria Action Plan Review 2022-2024
Early Results: Pending IRM Review
Design i
Verifiable: Yes
Relevant to OGP Values: Yes
Ambition (see definition): Low
Implementation i
Completion: Pending IRM Review
Description
What is the public problem being addressed by the measure? Although it was adopted after the democratic changes in the country, the Law on Direct Citizen Participation in State and Municipal Governance (LDCPDMG) does not create sufficient conditions to promote direct participation. In order for it to provide an opportunity to Bulgarian citizens for effective direct participation in decision-making, it is necessary to adopt changes in the following guidelines: - Reduce the number of required signatures and facilitate the procedures for initiating a referendum; - Reduce the amount of personal data that is collected for the initiation of a referendum and a citizen's initiative; - Lower the threshold for recognizing the validity of the referendum result; - Introduce the possibility of national electronic petition for national and local civil initiative; - Expand the scope of topics that can be submitted to a referendum; - Introduce machine voting in referendums; - Specifying the procedure, deadlines and sanctions for the implementation of the decisions of the referendums and initiatives.
What does the measure consist of? The following activities are foreseen in order to implement the measure: 1. Create a work group with the participation of the stakeholders. The initiator of the work group will the Administration of the Council of Ministers or a Ministry chosen by it. 2. Analysis of the practices and results from the application of the Law in Bulgaria and comparative analysis with the practices and legislation in other countries, and preparing recommendations. 3. Preparing a concept for the changes in the Law based on the recommendations made. 4. Conducting a wide public consultation trough the use of various channels and forms of public consultation with the stakeholders - forums, focus groups, written online consultations etc. 5. Conducting an information campaign for the need and proposition of changes in the Law. 6. Preparing and coordinating in the CM of a final draft of a Law on Amendments and Supplements (LAS) and conducting a public consultation. 7. Introducing the LAS and the results of the consultation in the NA. Discussion with the members of the Public Council.
How will the implementation of the measure contribute to solving the problem? By definition, public consultation and adoption of changes in the LDCPDMG, its implementation by Bulgarian citizens, civil groups, local authorities, initiative committees and others will be facilitated. The specific changes to which the measure would lead are the following: - Citizens will actively and effectively use their constitutional right to direct participation in decision- making at the local and national level; - Local and national authorities will be open to citizens' proposals on issues important to them and will comply with the citizens' "agenda"; - Bulgarian society will be familiar and well informed about the possibilities of direct participation in decision-making.
How does the measure relate to the values of the initiative? The direct participation of citizens in local and national governance is a right guaranteed by the Bulgarian constitution. Civic activity and involvement guarantees transparency and openness of governance. Conducting a broad consultative process of development and adoption of the LAS will create and establish standards for effective public consultations in the process of proposing and adopting legislative changes.
More information (including budget for implementation of the measure) The implementation of the measure requires: - Human resources for the definition of the LAS of the LDCPDMG: legal support for the development of LAS; - Expert support - analysis of experience and practices in other countries; - Conducting public discussions and public consultation on the proposed LAS; - Advocacy and information campaign; Indicative budget for the implementation of the measure - BGN 50,000.
Activities for measurable results of the implementation of the measure: Starting date Date of completion of activity: Formation of a working group January 2023 February 2023 Analysis of practices in Bulgaria and other countries February 2023 July 2023 Preparing a concept for the changes in the Law based on the recommendations made July 2023 November 2023 Conducting a wide public consultation trough the use of various channels and forms of public consultation with the stakeholders - forums, focus groups, written online consultations etc. November 2023 April 2024 Conducting an information campaign for the need and proposition of changes in the Law. April 2024 May 2024 39 Preparing and coordinating in the CM of a final draft of a Law on Amendments and Supplements (LAS) and conducting a public consultation. May 2024 June 2024 Introducing the LAS and the results of the consultation in the NA. Discussion with the members of the Public Council. June 2024 October 2024
IRM Midterm Status Summary
Action Plan Review
Commitment 10. Changes to the Law on Direct Citizen Participation in State Power and Local Self-Government
● Verifiable: Yes
● Does it have an open government lens? Yes
● Potential for results: Modest