Dimension: 6.2.1 Participation in law-making

This dimension covers public participation in the law-making process. Public Public All the members of a community in general, regardless of their citizenship status. participation does not replace or diminish the role of MPs in law-making. On the contrary, it provides MPs with deeper insight into the potential impact of legislation on people’s lives and contributes to more effective laws. Involving the public in law-making helps to build trust in parliament, MPs and the democratic system and strengthens the rule of law.

For this dimension, public participation can be defined as the formal process through which parliament consults the public, whether in groups or as individuals, in order to gather their views and opinions on an existing law, a proposal for a law or a policy decision.

Participation Participation The process through which people, individually or in groups, get involved in an activity or decision. exercises of this type can be either general or targeted at a specific audience, giving both specific social groups affected by legislation, and the general public, an equal opportunity to participate in the law-making process.

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Aspiring goal

Based on a global comparative analysis, an aspiring goal for parliaments in the area of “participation in law-making” is as follows:

  • The legal framework establishes the right to participate in the law-making process and the obligation for parliament to consult with people directly affected by proposals for laws.
  • Mechanisms and processes are in place for public participation in the law-making process, including through public and committee hearings on or off the parliamentary premises, written submissions and the provision of comments on proposals for laws.
  • Proposals for laws are presented in easy-to-understand language to facilitate participation. Sufficient time is allocated to participation processes, especially when they deal with complex topics. Public input is taken into account during the law-making process. 

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Assessment criteria

No 1: Legal framework

The legal framework provides for public participation in the law-making process. There are clear standards on consulting the public, as well as on the criteria that constitute adequate participation. 

No 2: Mechanisms and processes

Mechanisms and processes are in place to facilitate both general and targeted participation in the law-making process. Parliament ensures that members of the public who are directly impacted by a proposal for a law have sufficient opportunity to provide input to the law-making process.

No 3: Accessibility

A wide range of groups can participate in the law-making process in a timely manner. Plain, easy-to-understand language is used to explain proposals for laws. Members of the public are consulted at a time and in a place that allows for maximum participation by a wide range of groups, taking into account the complexity of the legislation in question.

No 4: Practice

In practice, public participation is a regular feature of the law-making process. A wide range of members of the public regularly contribute to parliamentary consideration of proposals for laws. 

How to complete this assessment

This dimension is assessed against several criteria, each of which should be evaluated separately. For each criterion, select one of the six descriptive grades (Non-existent, Rudimentary, Basic, Good, Very good and Excellent) that best reflects the situation in your parliament, and provide details of the evidence on which this assessment is based. 

The evidence for assessment of this dimension could include the following:

  • Provision(s) from the legal framework covering public participation in the drafting of legislation
  • Laws, rules or standing orders setting out the framework for public participation in the law-making process
  • Record of processes or mechanisms for public participation, such as minutes of public hearings
  • Samples of plain-language legislation, as well as digital copies of proposals for laws at each stage of the participation process
  • Samples of proposals for laws in different languages, and the time allocations/considerations made for participation processes
  • Minutes or reports of feedback sessions, or published updates

Where relevant, provide additional comments or examples that support the assessment.

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Get help with this assessment

The assessment of indicators involves diagnosing and considering strengths and weaknesses, i.e. the things parliament is doing well, and the things it could do better or more effectively, taking into account established good practices that are described in the indicators. 

Read the assessment guidance to find out what to consider when conducting an assessment against the Indicators. Find out how to prepare, how to set the objectives of the assessment, how to organize the process, and more. Contact the project partners for expert advice.

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