Improving Consultation Mechanisms in Decision-Making (MD0076)

Problem description

According to the Report on ensuring transparency of the decision-making process in the CPA, for 2022, in order to comply with the requirements of decision-making transparency, 579 announcements on the initiation of the decision drafting, 2 announcements on the withdrawal of projects from the drafting process, 566 announcements on the organisation of public consultations were published. Interventions with objections and proposals were registered for 339 drafts, 460 draft decisions were adopted. The rate of publication of notices initiating the preparation of decisions compared to adopted decisions was 80%. The rate of public consultations conducted on initiated drafts was also established at around 80%. Following the public consultations, the authorities published their results at a rate of 59%. The reporting of the number of public consultations for which certain results were published, to the number of decisions adopted shows an average rate of 74%, while for some acts repeated public consultations were held and for some no consultations were held. During 2022, the Government subordinated authorities received around 2054 14 recommendations on the draft normative acts prepared. The average rate of examination and acceptance of the proposals received in the public consultations was around 57.1%, in the reference year. During the reporting period, draft Government decisions were publicly consulted at a rate of 78% , draft laws - 72% and draft RM presidential decrees - 50%. During 2022, around 335 public debates were organised, with the participation of about 1167 stakeholders, and around 968 participants met in 146 working groups. Some issues related to transparency in decisionmaking were also mentioned in the Transparency International report on the implementation of the Open Government Action Plan (OGAP) for 2019- 2020.

Description of the commitment:

a) what the commitment entails On 28 June 2023 by amending the Government Decision No. 967/2016 on the mechanism for public consultation with civil society in the decision-making process, the Regulation on the organisation of the activity of the permanent consultative platform within the central public authority was approved. In fact, the permanent consultative platforms within the central public authorities are to be that space for dialogue where draft decisions/regulatory acts and policy documents with an impact of public interest will be discussed, and in which representatives of civil society, the academic environment, social partners and other interested parties will be able to participate. Stakeholders’ contributions, consulted within the platforms, will be included in the Summary of objections and proposals which is part of the legislative act file submitted to the Government for approval. By correctly organising the activity of the CPA consultative platforms, it will be possible to 15 improve the transparency, responsibility and participation of civil society in the decisionmaking process To conduct a complex of actions, from needs assessment to monitoring the implementation of the best and most effective mechanisms, procedures and practices to ensure transparency in decision-making. Ensuring the effective functioning of the Permanent Consultative Platforms within the specialised central public authorities, in accordance with GD No 967/2016, as subsequently amended. Thus, coordinated interventions on the following dimensions are proposed: - assessment of the regulatory framework and existing instruments for civil society participation in the decision-making process of the authorities at different levels; - ensuring the work of the permanent consultative platforms of the CPA through which dialogue between public institutions and civil society and citizen participation in the act of government will be conducted; - ensuring that civil society’s views on draft decisions are examined and the results of consultations are published; - the compliance by the authorities of all the stages of transparency in the decision-making process..

b) what are the expected results Publication rate for notices of initiation of normative acts - 90% Rate of public consultation of draft normative acts - 90% Rate of public consultations regarding normative acts adopted by central public authorities: 95% Publication of the results of public consultations (summary of proposals and objections to the draft decision) - 100% Share of comments and proposals received via the particip.gov.md portal in the total number of 16 accesses - 20% (from 0.7% currently) Response rate to comments on particip.gov.md - not less than 90%. Rate of publication of notices on withdrawal of projects from the drafting process - 100%; Functioning of permanent consultative platforms in all ministries.

c) major objective Ensuring, at all stages of the decision-making process, the information of society, the dialogue with its representatives, the broad participation of stakeholders, as well as the mutual responsibility and trust in this partnership.

Activities | Responsible PA/Partner | Duration of action | Indicator

2.7.1. Conducting a study to assess the regulatory framework on transparency in the decision-making process | State Chancellery, Development Partner | 2024 | Study conducted

2.7.2. Assessing the effectiveness of existing digital solutions, tools, mechanisms and public consultation platforms. | State Chancellery, Development Partner | 2024 | Assessment conducted

2.7.3. Consultation with civil society organisations on study results and recommendations | State Chancellery | 2024 | Consultation event held

2.7.4. Amendment of the existing regulatory framework on transparency in decision-making process following the evaluations conducted | State Chancellery | 2025 | Normative act approved

2.7.5. Activities to promote and increase the attractiveness and level of use by central and local public authorities and civil society of the online public consultation platform particip.gov.md. | State Chancellery, Congress of Local Authorities from Moldova, Civil Society Organisations, Development Partners | 2024-2025 | 4 promotion activities completed

2.7.6. Consultation with civil society organisations on options and proposals for improving the online public consultation platform particip.gov.md | State Chancellery | 2024 | Consultation event held

2.7.7. Development of the functionality of the online public consultation platform particip.gov.md, according to the identified needs (ensuring the integration of all stages of legislation, as well as specific aspects of ensuring transparency, consultation and monitoring of the platform’s activity). | State Chancellery, Development Partners | 2024 | Improved particip.gov.md platform

2.7.8. Mapping and organisation of the activity of permanent consultative platforms in central public authorities according to the provisions of GD No 967/2016 | State Chancellery, Central Public Authorities | 2023 | Assessment conducted Process of creating platforms initiated

2.7.9. Workshops with the persons designated in the central public authorities for the organisation, monitoring and reporting of the activity of the permanent consultative platforms of authorities | State Chancellery, Central Public Authorities, Development Partners, Civil Society Organisations | 2023-2024 | 4 workshops held 20 participating CPAs/ workshop

2.7.10. Establishing and ensuring the activity of a permanent mechanism for dialogue between central public authorities on the functioning of permanent consultative platforms | State Chancellery, Central Public Authorities, Development Partners, Civil Society Organisations | 2023-2025 | Interinstitutional group established and operational

2.7.11. Development of guidelines to ensure the functionality of the permanent consultative platforms of central authorities | State Chancellery, Central Public Authorities | 2024 | Guide developed, disseminated and published on the official websites of the authorities

2.7.12. Establishing the operating indicators for the permanent consultative platforms of the central public authorities and monitoring the efficiency of their activity | State Chancellery, Central Public Authorities | 2023-2025 | Annual report prepared and published

2.7.13. Workshops with local public authorities on decision-making transparency and citizen involvement in the process of decision-making at local level | Congress of Local Authorities from Moldova, State Chancellery, Partners | 2024-2025 | 4 workshops held

2.7.14. Training of local public authorities officials on open government | A.O. IDIS Viitorul | 2024-2025 | 4 trainings conducted Number of officials trained - 120

Action Plan Review

Commitment 2. Improving Consultation Mechanisms in Decision-Making

(State Chancellery, A.O. “IDIS Viitorul”, Congress of Local Authorities)

For a complete description of the commitment, see Commitment 2 in the Republic of Moldova Action Plan 2023-2025.

Context and objectives:

The Republic of Moldova has several regulations for public participation in law-making, including the Law on Transparency of Decision-Making [20] and the Government Decision on the mechanism for public consultations with civil society in the decision-making process. [21] The central platform for publishing legal drafts, particip.gov.md, has operated since 2012. Previous OGP commitments have sought to strengthen e-participation and collaboration with civil society. However, adherence to the legal provisions remains inconsistent. As a rule, all public authorities must publish drafts of normative acts for consultations before their final adoption. However, they do not always provide the full package of documents, subsequent versions of the drafts, or the public’s feedback on proposals. [22] TI-Moldova reports that some draft normative acts of public interest do not entail public consultations at all, while the results of public consultations (minutes of consultative meetings and summaries of recommendations) are not always available. [23] The State Chancellery reports that in 2022 around 80 percent of the normative acts were consulted on, and only 60 percent of those public consultations saw their results published. Furthermore, civil society and public interest toward particip.gov.md is low, with draft normative acts receiving few comments. [24]

These problems have also been noted by international organizations. The Organisation for Economic Co-operation and Development (OECD)’s SIGMA monitoring report recommended strengthening the quality control for public consultations, including establishing institutional responsibility. [25] The Group of States Against Corruption (GRECO) recommended the publishing of draft legislation and all amendments and supporting documents in a timely manner, as required by law, and to follow adequate timeframes for more meaningful consultations. [26] The European Commission highlighted civil society participation in decision-making at all levels as one of nine priorities for the Republic of Moldova’s membership in the EU. [27]

This commitment, proposed by the State Chancellery, [28] aims to assess the regulations and existing digital tools and mechanisms for participation, and based on the assessment, amend the regulatory framework around public consultations and improve particip.gov.md. It will also improve the functioning of permanent consultative platforms in all central public authorities, as required by the amendment to Government Decision No. 967/2016 adopted in June 2023. [29] These platforms serve as a space for dialogue where draft decisions, regulatory acts, and policy documents are discussed with civil society, academia, social partners, and other interested parties. The commitment envisages mapping their activities, holding workshops with the public officials responsible for the platforms, developing guidelines and indicators for their operation, and creating an inter-agency group for monitoring among public authorities (composed of persons responsible for ensuring transparent decision-making by central public authorities). Finally, activities aimed at local governments include workshops and training on decision-making transparency and citizen involvement in decision-making. The commitment is linked to the Action Plan for EU accession, [30] and the Civil Society Development Strategy (CSDS) adopted in 2023. [31] It is relevant to civic participation, as it entails improving mechanisms for participation, including particip.gov.md and the permanent consultative platforms.

Potential for results: Substantial

If fully implemented, this commitment has substantial potential for results. It will promote public participation in practice with improvements to the online platform, consultative bodies, and regulatory and practical measures enacted based on an in-depth assessment conducted in a participatory manner. The State Chancellery has set ambitious targets in this commitment for improving the quality and quantity of public consultations. These include increasing the publication rate for notices of normative acts and draft normative acts to 90 percent and ensuring a 100 percent publication rate for the results of public consultations (including a summary of proposals and objections to the draft decision). The proportion of the drafts that receive comments and proposals received via particip.gov.md is set to increase from 0.7 percent to 20 percent, while the target for feedback to these comments is at least 90 percent.

The needs for improving particip.gov.md will be identified through an assessment of existing digital solutions in consultation with civil society. The amendments to the regulatory framework will be determined by consulting civil society, assessing existing digital tools, and conducting a study of the existing framework. Interviewed civil society stakeholders have high expectations from the assessments of the regulatory framework and particip.gov.md, which they believe will enable more targeted solutions to increase public interest in engaging in decision-making processes. [32] In addition, civil society stakeholders consider the monitoring activities important in enforcing implementation of regulations on participatory decision-making. [33]

The commitment could also help institutionalize the work of the permanent consultative platforms across all central public institutions and help public authorities comply with the amendments to Government Decision No. 967/2016. Prior to these amendments, consultative platforms were established at the discretion of the public authority. For example, the Ministry of Justice established four consultative groups aimed at the development and implementation of sector strategies. [34] The inter-agency group will provide oversight over the operations of the consultative platforms. This could standardize the work of the platforms and ultimately improve the dialogue between public authorities and civil society, particularly in the early stages of drafting regulations. Meanwhile, the operational indicators for the consultative platforms (to be published in an annual report) could help the State Chancellery and the inter-agency group to monitor their efficiency.

Finally, the commitment could improve participatory practices among local governments, including through promoting usage of particip.gov.md, and providing workshops and training on open government and public participation. Stakeholders believe the coverage of local authorities is important, as traditionally the discrepancy between the legal regulations on consultations and their practical implementation has been more visible at the local level (due to lack of skills as well as fewer CSOs operating in smaller communities). [35]

Opportunities, challenges, and recommendations during implementation

The success of the commitment will largely depend on the ability of the State Chancellery to improve public participation, including through regulatory amendments, improvements to particip.gov.md, promotional events, and capacity building. As the commitment includes a broad scope of measures, its full implementation might be challenging. As with Commitment 1, sufficient human and financial resources will be needed for implementation, and cooperation with other state agencies and civil society will be critical for success.

The IRM recommends the following steps for ensuring effective implementation:

• Carry out an in-depth, qualitative assessment of the consultation mechanisms. When assessing the effectiveness of existing consultation mechanisms, the State Chancellery could supplement its data collection with an in-depth, qualitative assessment to learn about the root causes for their limited use, particularly particip.gov.md. For example, the State Chancellery could consult small focus groups of CSOs and citizens who have visited the platform, allowing them to share their views on how to improve the user experience. The State Chancellery could also consult a diverse range of stakeholders when determining the changes in the regulatory framework.
• Focus on users’ needs when modernizinggov.md. The State Chancellery could add options for users to subscribe to specific policy areas and receive notices of consultations around topics of interest. The platform could allow easier searching and filtering by topics, include short descriptions of drafts in a language accessible for citizens, and provide comprehensive information on each draft law, with the revised version of the drafts and information on their status. The State Chancellery could also take inspiration from other countries for enhancing particip.gov.md. For example, Estonia’s system allows citizens to receive notifications about the upcoming draft legal acts, the possibility to track the progress of policy development, and a user-friendly space for co-creation of policies. [36] On Croatia’s e-consultation portal, comments are linked to specific parts of the proposed act. [37] After a consultation process is finished, the comments and the government responses can be downloaded in Excel format.
• Developmechanisms forconsultation at the early stages of drafting regulations. CSOs mention that laws are usually prepared in collaboration with a closed circle of experts rather than sectorial organizations. As a result, CSOs must sometimes provide substantial feedback on the drafts when there is a considerable gap between the draft and their expectations. Organizing consultations at an earlier stage could help public institutions to better consider the interests of affected groups and prepare higher quality draft regulations. [38]
• Ensure the permanent consultative platforms areeffective in practice. The State Chancellery and the inter-agency group could adopt clear regulatory mechanisms and institutionalize the monitoring of the activities of the permanent consultative platforms.
• Have an open and competitive selection of members to the permanent consultative platforms. There is a risk that the platforms will become pro-forma structures whose members are selected based on the preferences of the state bodies (e.g. excluding critical voices), which could restrict their effectiveness. To reduce this risk, it will be important to have an open and competitive selection of members and regular rotation of membership. Moreover, the IRM recommends collaborating with civil society to develop the guidelines for the platforms.
• Improve public consultations mechanisms with the Parliament. Although beyond the scope of this commitment, civil society emphasized the importance of improving legal regulations and practices of public participation in the Parliament. [39] Similar to the government, the Parliament has adopted measures to improve public participation and engagement with civil society based on the EU accession recommendations. [40] The rules of procedures of the Parliament require consultations on legislative drafts with the public and publication of the consultation results. CSOs and the EU mention a need to integrate public consultation mechanisms in the Parliament’s rule of procedure and ensure implementation of public consultation requirements in practice. [41] In future OGP action plans, the Republic of Moldova could invite the Parliament to add commitments as part of a separate Open Parliament action plan. [42]