Public discussions or public consultations allow the public to express their opinions on and potentially influence the decisions taken regarding substantive matters of public importance. This is associated with the freedom of expression.
Public discussions or consultations with the public can take many different forms, including in person or remotely via governmental or media platforms or social media. In addition, public discussions take place at nearly all levels of governmental decision-making, ranging from municipal to ministerial and parliamentary.
Some examples of public discussions or consultations include, but are not limited to:
- public input into draft legislation
- advisory councils and working groups in ministries and parliament
- municipal public discussions regarding the cutting down of trees or planned construction
- public discussions regarding other decisions of public importance
important According to the Law on normative acts, Moldovan legislation is published in Romanian and Russian. In addition, draft normative acts considered by the Parliament are also published in these two languages. This creates conditions for the involvement of national minorities in the process of discussing draft laws and their participation in the decision-making process at the parliamentary level, as well as ensuring the informational (linguistic) accessibility of the legislation in force.
important According to the Law on the rights of national minorities, persons belonging to national minorities in Moldova have the right to address public institutions orally and in writing in Romanian or Russian and to receive a reply in the language of address. In addition, in the Gagauz autonomy, the Gagauz language may also be used to communicate with the authorities, and in areas where persons belonging to a national minority constitute a significant part of the population, the language of that minority may also be used for this purpose. This creates conditions for access to official information, participation in discussions and in decision-making, and the defence of rights and legitimate interests of national minorities.
Some of the most common normative and administrative acts for which a public debate is required by law are those that may have a social, economic or environmental impact (on way of life, human rights, on culture, health and social protection, on local communities and public services).
important Public representatives are involved in inter-institutional working groups and advisory councils are set up through an open procedure. While the organising institution may set the criteria for selection, the law requires that all those concerned should also be heard.
How can you participate in a public discussion?
The most accessible way to provide your input on draft legislation is via the Participation Platform, where you may review the draft legislation, submit your proposals, and follow the progress of the projects in which you are interested. You can also research the websites of public institutions, which are required by the law to provide information on public participation. There you may find information about the draft normative acts, advisory councils, working groups, and public discussions at the local, ministerial or parliamentary level, and how to get involved. Alternatively, you can contact the authority directly with a petition, email message or a phone call about the specific issue you are concerned about.
The law also specifies how far in advance and how late information on the draft normative acts and decision-making process should be published, including after the events, when information on the public discussion or consultation must be made available to members of the public.
What human rights violation may there be?
If you have not been given a say on a matter of public interest, either because the public has not been consulted or because you in particular have not been heard, your freedom of expression may have been interfered with or potentially violated. At the same time, the provisions of this law shall not be applied in the process of decision-making and meetings, when the authorities consider official information to which access is restricted in accordance with the law, as well as in the process of operational meetings.