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The Role of the Public in Administrative Law: Legal Mechanisms of Influence

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Sakharuk Anatolii
Sakharuk Anatolii
Lawyer
Ukraine / Kyiv

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Publication date: 05.06.2024

The Role of the Public in Administrative Law: Legal Mechanisms of Influence

 

Introduction

In a democratic society, the public plays an important role in the formation and implementation of administrative law. Involvement of citizens in the decision-making process ensures transparency, accountability and efficiency of public administration. Legal mechanisms that allow the public to influence administrative processes contribute to the strengthening of the rule of law and increase trust in public institutions.

 

Main Legal Mechanisms of Public Influence

 

1. 1. Public Consultation and Discussion

Involving the public in public consultations and discussions is an important tool for influencing administrative decisions. Legislation in many countries provides for mandatory public consultations before adopting important regulations or administrative decisions.

 

2. Public Councils and Commissions

Establishing public councils and commissions at government agencies allows the public to be involved in the governance process. These structures can monitor the activities of administrative bodies, provide recommendations and participate in the preparation of draft regulations.

 

3. Right to Information

Access to information is one of the fundamental rights of citizens. Legislation on access to public information provides an opportunity to obtain information on the activities of public authorities, which contributes to increased transparency and accountability.

 

4. 4. Administrative Complaints and Appeals

Citizens have the right to file administrative complaints and appeals to state authorities to protect their rights and interests. This mechanism allows citizens to draw attention to violations and demand their elimination.

 

5. 5. Participation in Legal Proceedings

The public can participate in court proceedings as a third party or file class actions to protect the public interest. This allows citizens to directly influence legal decision-making.

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Examples of the Use of Influencing Mechanisms

 

1. 1. Environmental Issues

In many countries, the public is actively involved in addressing environmental issues. For example, public hearings during the environmental impact assessment (EIA) process are a mandatory step before implementing major infrastructure projects.

 

2. Local Self-Government

At the local government level, the public can participate in decision-making through local referendums, public hearings, and participation in the work of local councils.

 

Conclusion.

Public involvement in administrative processes is an important element of democratic governance. Legal mechanisms that ensure the participation of citizens in decision-making contribute to the transparency, accountability and efficiency of public authorities. Active participation of the public in administrative law allows taking into account the diverse interests and needs of society, which is a key to sustainable and equitable development.

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