THE PARTICIPATORY DEMOCRACY AND THE REGIONAL LEGISLATION. LAWS NUMBERS 69/2007 OF TUSCANY AND NUMBER 3/2010 OF REGION OF EMILIA ROMAGNA
DOI:
https://doi.org/10.5433/2178-8189.2010v14n0p193Keywords:
Participatory democracy, Regional administration, Decision-making procedure, Débat public..Abstract
The laws n. 69/2007 and n. 3/2010 of, respectively, the regional administrations of Tuscany and Emilia Romagna, introduce new rules for participation of stakeholders within the regional administrative decision-making processes. Both the laws aim at improving the regional participatory democracy through the integration - and occasionally through the substitution - of the Italian legislation. This article explores and discusses the participatory procedures of the laws n. 69/2007 and n. 3/3010. The article also describes the administrative structures created by each of the two laws and its functions. With regard to the case of Tuscany specific attention is given to the relationship between the political and the administrative spheres of competence. The article particularly focuses on the activities expounded by the independent administrative authority created by the law n. 69/2007, which draws from the French experience of the débat publique and aims at supervising and controlling the participatory guarantees at the regional level. With regard to the case of Emilia Romagna, specific focus is put on the activity of the Technical Unit for Participatory Rights and the controlling Committee. Both are administrative organs operating within the framework of the law in order to guarantee the participatory rights of the interested parties. The article concludes by comparing the pluses and the minuses of both the laws and by introducing a broader reflection on the evolution of participatory rights at the regional level, and their likeness to become substitute of the national model of participation.
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