Summary

The Strategic paper has been drafted by BCNL experts within the project “Building up an Effective Interaction between Civic Organizations and Public Administration  in the Decision-making Process”, supported by the Bulgaria Fund of the Balkan Trust for Democracy. The Strategic paper was discussed by the NGOs and public institutions on the National working meeting, which took place in Sofia, on the 27^th of February 2009.

The Strategic paper outlines the main problems and the challenges indicated in the Bulgarian model of civic and NGO participation in the process of decision-making and proposes steps for reforming the system.

Among the basic problems indicated are:

• The insufficient and ineffective legal framework of the civic and NGO participation in the process of decision-making which allows  wide discretionary powers on behalf of the public authorities;
• Lack of clear rules and procedures on the civic and NGO participation leading to insufficient and selective participation and representation of the NGO in the processes of legislative drafting and policy-formulation and implementation. The existing mechanisms are not applied by the authorities or applied selectively. The consultation process is highly dependent on the “good will” of the public officials.
• The NGO representation in different consultative bodies with the public institutions is not transparent and open, there are no clear mechanisms for legitimate selection/election of NGOs in such bodies.
• Lack of understanding on behalf of the institutions of the importance of NGO participation in the decision-making for the legitimacy and transparency of the governmental process and for the implementation of the principle of good governance. 

Future reforms in the system:

• BCNL proposes some significant changes into the way civic and NGO participation in the decision-making is organized and conducted through the implementation of clear procedures for consultations with NGOs and  for the inclusion of NGO representatives in the consultative administrative bodies.

1. Adoption and implementation of a Strategy on the NGO participation in the decision-making process

Following the positive practices in some of the EU member states in adoption of similar strategic documents, BCNL proposes the adoption of a strategic document which will unite the government and the civic sector on the core of principles which enable the grater civic and NGO participation in the decision-making. The analysis conducted by BCNL experts showed that is necessary for the legal regulation of the forms and procedures of civic and NGO participation to be organized around the core principles which will provide the coherence of the legal framework. That is possible through the adoption by the government of the strategic political document which have been drafted jointly and consulted with the civic sector at large.   

2.  Amendments in the law on the normative acts.

It is of crucial importance some amendments into the procedures of drafting normative acts to be introduced. Some of these amendments should provide for the broader participation of the stakeholders in the process of drafting the legal acts and should guarantee a sufficient time for public consultation of the draft project not less than 30 days after its on-line publication. Other proposals include the various mechanisms of conducting public consultations with the open participation on behalf of the NGOs and the citizens – public discussions, joint working groups, round tables, etc. where public institutions meet the representatives of the third sector. 

3. Code for consultation with NGOs.

On the basis of the adopted strategy and the new general rules on public consultation, the next step is to draft, adopt and implement a Code on good practices of consultation with NGOs. The Code will provide more detailed procedures on NGO consultation which public institutions will apply in the process of adopting policy documents or legal acts. These more detailed procedures will further develop the general provisions and procedures on consultation included in the Strategy and the Law on the normative acts.

4. Establishing of a Council for development of the civil society with the National government and civic consultative councils with other governmental institutions.

Following the practice in some of the European states, BCNL proposes the establishment of the Council for development of the civil society at the governmental level as an institutionalized mechanism of cooperation and consultation with the civic sector. As members of the Council there will be elected official representatives of the Government and the third sector will elect representatives through an open and transparent nomination and election process ensuring the legitimacy of the NGO representatives.  Similarly, different civic consultative councils can be created as independent bodies attached to other public institutions within the executive branch. The NGO representatives in such councils will be elected through an open election procedure by the NGOs themselves. 

 5. Administrative units for consulting with NGOs.

BCNL has found also as important the appointment of public officers mainly responsible for organizing the consultation process with the NGOs on behalf of the public institution.   It will be beneficial if each institution creates a special administrative unit or appoints an officer who will have the relevant knowledge of the third sector and will provide the contacts and the organization of the consultative process with the NGOs.