Improving Consultation Mechanisms in Decision-Making (MD0076)

Problem description

According to the Report on ensuring transparency of the decision-making process in the CPA, for 2022, in order to comply with the requirements of decision-making transparency, 579 announcements on the initiation of the decision drafting, 2 announcements on the withdrawal of projects from the drafting process, 566 announcements on the organisation of public consultations were published. Interventions with objections and proposals were registered for 339 drafts, 460 draft decisions were adopted. The rate of publication of notices initiating the preparation of decisions compared to adopted decisions was 80%. The rate of public consultations conducted on initiated drafts was also established at around 80%. Following the public consultations, the authorities published their results at a rate of 59%. The reporting of the number of public consultations for which certain results were published, to the number of decisions adopted shows an average rate of 74%, while for some acts repeated public consultations were held and for some no consultations were held. During 2022, the Government subordinated authorities received around 2054 14 recommendations on the draft normative acts prepared. The average rate of examination and acceptance of the proposals received in the public consultations was around 57.1%, in the reference year. During the reporting period, draft Government decisions were publicly consulted at a rate of 78% , draft laws - 72% and draft RM presidential decrees - 50%. During 2022, around 335 public debates were organised, with the participation of about 1167 stakeholders, and around 968 participants met in 146 working groups. Some issues related to transparency in decisionmaking were also mentioned in the Transparency International report on the implementation of the Open Government Action Plan (OGAP) for 2019- 2020.

Description of the commitment:

a) what the commitment entails On 28 June 2023 by amending the Government Decision No. 967/2016 on the mechanism for public consultation with civil society in the decision-making process, the Regulation on the organisation of the activity of the permanent consultative platform within the central public authority was approved. In fact, the permanent consultative platforms within the central public authorities are to be that space for dialogue where draft decisions/regulatory acts and policy documents with an impact of public interest will be discussed, and in which representatives of civil society, the academic environment, social partners and other interested parties will be able to participate. Stakeholders’ contributions, consulted within the platforms, will be included in the Summary of objections and proposals which is part of the legislative act file submitted to the Government for approval. By correctly organising the activity of the CPA consultative platforms, it will be possible to 15 improve the transparency, responsibility and participation of civil society in the decisionmaking process To conduct a complex of actions, from needs assessment to monitoring the implementation of the best and most effective mechanisms, procedures and practices to ensure transparency in decision-making. Ensuring the effective functioning of the Permanent Consultative Platforms within the specialised central public authorities, in accordance with GD No 967/2016, as subsequently amended. Thus, coordinated interventions on the following dimensions are proposed: - assessment of the regulatory framework and existing instruments for civil society participation in the decision-making process of the authorities at different levels; - ensuring the work of the permanent consultative platforms of the CPA through which dialogue between public institutions and civil society and citizen participation in the act of government will be conducted; - ensuring that civil society’s views on draft decisions are examined and the results of consultations are published; - the compliance by the authorities of all the stages of transparency in the decision-making process..

b) what are the expected results Publication rate for notices of initiation of normative acts - 90% Rate of public consultation of draft normative acts - 90% Rate of public consultations regarding normative acts adopted by central public authorities: 95% Publication of the results of public consultations (summary of proposals and objections to the draft decision) - 100% Share of comments and proposals received via the particip.gov.md portal in the total number of 16 accesses - 20% (from 0.7% currently) Response rate to comments on particip.gov.md - not less than 90%. Rate of publication of notices on withdrawal of projects from the drafting process - 100%; Functioning of permanent consultative platforms in all ministries.

c) major objective Ensuring, at all stages of the decision-making process, the information of society, the dialogue with its representatives, the broad participation of stakeholders, as well as the mutual responsibility and trust in this partnership.

Activities | Responsible PA/Partner | Duration of action | Indicator

2.7.1. Conducting a study to assess the regulatory framework on transparency in the decision-making process | State Chancellery, Development Partner | 2024 | Study conducted

2.7.2. Assessing the effectiveness of existing digital solutions, tools, mechanisms and public consultation platforms. | State Chancellery, Development Partner | 2024 | Assessment conducted

2.7.3. Consultation with civil society organisations on study results and recommendations | State Chancellery | 2024 | Consultation event held

2.7.4. Amendment of the existing regulatory framework on transparency in decision-making process following the evaluations conducted | State Chancellery | 2025 | Normative act approved

2.7.5. Activities to promote and increase the attractiveness and level of use by central and local public authorities and civil society of the online public consultation platform particip.gov.md. | State Chancellery, Congress of Local Authorities from Moldova, Civil Society Organisations, Development Partners | 2024-2025 | 4 promotion activities completed

2.7.6. Consultation with civil society organisations on options and proposals for improving the online public consultation platform particip.gov.md | State Chancellery | 2024 | Consultation event held

2.7.7. Development of the functionality of the online public consultation platform particip.gov.md, according to the identified needs (ensuring the integration of all stages of legislation, as well as specific aspects of ensuring transparency, consultation and monitoring of the platform’s activity). | State Chancellery, Development Partners | 2024 | Improved particip.gov.md platform

2.7.8. Mapping and organisation of the activity of permanent consultative platforms in central public authorities according to the provisions of GD No 967/2016 | State Chancellery, Central Public Authorities | 2023 | Assessment conducted Process of creating platforms initiated

2.7.9. Workshops with the persons designated in the central public authorities for the organisation, monitoring and reporting of the activity of the permanent consultative platforms of authorities | State Chancellery, Central Public Authorities, Development Partners, Civil Society Organisations | 2023-2024 | 4 workshops held 20 participating CPAs/ workshop

2.7.10. Establishing and ensuring the activity of a permanent mechanism for dialogue between central public authorities on the functioning of permanent consultative platforms | State Chancellery, Central Public Authorities, Development Partners, Civil Society Organisations | 2023-2025 | Interinstitutional group established and operational

2.7.11. Development of guidelines to ensure the functionality of the permanent consultative platforms of central authorities | State Chancellery, Central Public Authorities | 2024 | Guide developed, disseminated and published on the official websites of the authorities

2.7.12. Establishing the operating indicators for the permanent consultative platforms of the central public authorities and monitoring the efficiency of their activity | State Chancellery, Central Public Authorities | 2023-2025 | Annual report prepared and published

2.7.13. Workshops with local public authorities on decision-making transparency and citizen involvement in the process of decision-making at local level | Congress of Local Authorities from Moldova, State Chancellery, Partners | 2024-2025 | 4 workshops held

2.7.14. Training of local public authorities officials on open government | A.O. IDIS Viitorul | 2024-2025 | 4 trainings conducted Number of officials trained - 120