Law 5/2010: Citizen Participation in Canary Islands

• Law 5/2010, enacted on June 21st, seeks to promote citizen participation in the Canary Islands.

General Provisions (Title I)

• The objective of the law is to boost citizen participation in the autonomous community of the Canary Islands' administrative activities and in its economic, political, cultural, and social life.
• The law applies to the Public Administration of the Autonomous Community of the Canary Islands and its dependent organizations and institutions.
• "Citizens" include Canarians with political status as defined by the Statute of Autonomy, residents in the Canary Islands regardless of political status or nationality, and Spanish citizens abroad who last resided in the Canary Islands and prove this at a Spanish consulate.
• "Citizens" also include citizen entities as defined in this law.
• Citizen participation tools can be integrated into the organizational rules of the island councils and Canarian municipalities, as they determine.
• The law aims to foster citizen participation in a pluralistic society to defend democratic and solidarity values and to develop ways for citizens to engage with public administration.
• It seeks to bring Canarian public institutions closer to citizens by involving them in public management.
• The law ensures that citizens have access to information in administrative procedures, increasing transparency in public management, unless a public information period is already established.
• It establishes mechanisms for the public to evaluate public policies and investigate public opinion.
• It seeks to promote community engagement, guaranteeing solidarity and balanced coexistence amid civil initiatives on public matters.
• The law focuses on developing citizen participation mechanisms to enable citizen involvement in public administration policies.

Duties of Canarian Public Authorities and Rights for Citizen Participation (Title II)

• The Public Administration of the Autonomous Community of the Canary Islands will adapt its administrative structures to ensure the right to citizen participation, both individually and collectively.
• It will promote Good Governance Codes, containing ethical and conduct principles for staff to guarantee citizen participation, and Good Practices Codes for responsible and democratic citizenship.
• It will implement measures to enable citizen and socioeconomic agent participation in designing and evaluating Public Administration activities.
• Within budgetary limits, it will establish a system of aid, subsidies, and collaboration agreements to promote individual and collective rights related to citizen participation.
• It will take necessary positive actions, in accordance with current legislation, and promote citizen participation through electronic media to ensure full participation.

Rights for Citizen Participation (Chapter II)

• Public administrations are to guarantee citizens' right to information on their competencies and matters of special interest, following legal provisions and constitutional limits.
• Public administrations must ensure citizens know and are informed about public actions within the administrative scope, as established by law.
• The right to information includes knowing the status of procedures in which one is an interested party, getting copies of relevant documents as per legislation, and receiving guidance on requirements for proposed actions.
• The right to information also includes:
  • Consulting management reports or summaries via appropriate electronic means.
  • Obtaining information and guidance on procedures with a public information period.
  • Being informed of the results of public actions, with public authorities adopting measures for widespread knowledge, possibly creating a Public Services Observatory.
• The goals of citizen information, assistance, and guidance are to:
  • Give citizens and public/private institutions general information and guidance on competencies of different public administrations
  • Provide specialized information according to specific regulations.
  • Inform about legal/technical requirements for proposed projects, actions, or requests.
  • Update on the status of administrative procedures within each Public Administration's purview, and the identity of responsible authorities/personnel.
  • Provide access to the suggestions and complaints system.
  • Inform and guide on procedures conducted electronically.
  • Supply other relevant information.

Means of Information for Citizen Participation (Article 6)

• Citizen information and assistance includes activities that allow citizens to exercise their rights, fulfill obligations, and access public services.
• Information is typically provided online through institutional portals with web links for direct interaction, ensuring sufficient information for public policy design. It can also be conducted in person at Citizen Information and Assistance Offices.
• Institutional internet portals will provide direct interaction allowing access to information for aligning public policies with citizen demands.
• Information provided is classified as general, specialized, and particular, distributed by subject matter.
• Citizen Information and Assistance Offices are appropriately distributed and may have collaboration agreements with councils and associations. They receive suggestions and route them to the relevant body.
• Regulatory development may allow citizens to request inclusion in the Citizen Participation Registry to receive personalized information, without prejudice to sector-specific legislation.

Personal Data Protection (Article 7)

• When citizen information relates to personal data affecting privacy, it will be provided with the limits and terms established by law.

Citizen Audience (Article 8)

• Citizens can participate and propose suggestions on administrative activities.
• Government of Canary Islands sector-specific programs or action policies must undergo a citizen audience phase during development to gather public opinion. If programs previously had a public information process, a new hearing is unnecessary.
• Public authorities can submit any other action to citizen audience through tools in this law.
• Regulations will define requirements, material scope, deadlines, methods, and exercise of citizen audience rights.

Right to Access Files and Records (Article 9)

• Public administrations ensure access to their archives and records per current legislation.

Right to Propose or Act on Matters of Public Interest (Article 10)

• Citizens can individually or collectively address the Public Administration of the Autonomous Community of the Canary Islands to propose actions, comments, or suggestions on regional matters.
• Regulations prescribe the procedure for public interest proposals, and the Administration must respond according to Article 6.2.
• Initiatives defending individual or corporate interests unrelated to the public interest, or that are impossible, unconstitutional, illegal, or criminal, will not be accepted.

Right to Seek Collaboration in Citizen Activities (Article 11)

• The Public Administration will collaborate with citizens for non-profit activities fostering participation.
• The relevant department will assess and decide on collaboration for proposed activities, subject to promoters obtaining necessary legal authorizations.

Right to Propose Regulatory Initiatives (Article 12)

• Citizens can propose regulatory initiatives to the Autonomous Administration on matters within its competence, if these affect legitimate rights.
• Proposals must include the proposed text and a justification explaining why the initiative should be processed and approved.
• Proposals must be supported by at least three citizen entities and fifteen thousand signatures when affecting the entire Autonomous Community.
• Proposals cannot cover excluded topics as defined by the law regulating popular legislative initiatives.
• If requirements are met, within three months and after assessing affected interests, the Administration can order processing of the proposal as a draft regulatory provision.
• The Public Administration can formulate proposals to the draft regulatory provision and complete the justification with studies and reports.
• If the initiative is not processed as a draft regulatory provision within three months, it is considered denied.

Citizen Entities (Title III)

• According to current law, citizen entities are non-profit legal entities fulfilling specific requirements.
• They must be legally constituted and regulated based on prevailing regulations regarding associations, foundations, users, and consumers.
• Their operational scope should relate to the interests of the Canary Islands, both internally and externally.
• Their statutes must include aims to stimulate citizen participation, represent and defend interests before the Canarian Public Administration, promote civic or social activities, and foster knowledge of administrations.
• Citizens can exercise the right to participate collectively through citizen entities.
• Citizen entities can be recognized as being of autonomous, insular, or municipal public interest.

Rights of Citizen Entities (Article 14)

• Citizen entities have rights including receiving information, accessing files and records, collaborating on programs and policies, seeking collaboration in non-profit activities, and requesting a declaration of public interest.
• Right to receive information relates to public measures and initiatives linked to their activities.

Citizen Participation Registry (Article 15)

• The Citizen Participation Registry is unique and obligatory for participatory processes activated by the Government of the Canary Islands. It is open to citizens.
• The specific participation tool, citizen entities, and citizens actively participating will be registered in each process; accessibility for persons with disabilities is guaranteed.
• The EU Regulation 2016/679 and Organic Law 3/2018 apply to the registry.
• The registry depends on the department responsible for citizen participation and is attached to its superior body.

Citizen Participation Network (Article 16)

• A Citizen Participation Network will be created to provide a communication, work, and meeting space for citizen entities and citizens.
• Necessary actions will be taken to provide services through the Citizen Participation Network, specifically creating an Information and Documentation Center, providing support and advice on participation, and facilitating citizens' access to necessary material resources.

Instruments of Citizen Participation (Title IV)

• Citizen participation instruments are channels for citizen involvement in public policies and for coordinating entities.
• Actions aimed at citizen participation will be developed through instruments, and their results generally won't be binding for public administrations.
• Citizen participation instruments promote equal representation for women and men so both can fully participate in public affairs.
• The operation of these instruments ensures social inclusion and full citizenship, favoring implication of the people with disabilities.
• Public administrations will promote citizen access to information and participatory processes via electronic media, removing barriers to access.

Participatory Process (Article 18)

• Government sector-specific programs or regulatory policies must undergo a citizen participation process during their development phase.
• The Public Administration can submit any other action to a participatory process through the instruments.
• The outcome of the participatory process will be reflected in a citizen participation report indicating the mechanisms used, the result, and an evaluation specifying which suggestions from citizens have been incorporated.

Informative and Formative Campaigns (Article 19)

• Informative and formative campaigns should promote democratic values, gender equality, and citizen participation, focusing on social awareness of the needs of people with disabilities and disadvantaged sectors.

Instruments of Citizen Participation (Chapter II)

Citizen Consultations (Article 20)

• The Government, at the request of the president, can obtain citizen opinions on matters of general interest under autonomous community competence through surveys or instruments

Consultation Forums (Article 21)

• Consultation forums are spaces for discussing and analyzing public policies that aim to obtain opinions, proposals, or critiques on public initiatives.

Citizen Panels (Article 22)

• Citizen panels are spaces for constant and immediate information on public management issues; the Administration informs or consults on matters of public interest.

Citizen Juries (Article 23)

• Citizen juries are established by the Administration. Their function is to assess the effectiveness and outcome of a specific initiative or program.
• When a department wants to assess the effectiveness of a public activity, juries are constituted.
• Citizen juries consist of ten people selected through a draw from the Citizen Participation Registry plus topic experts, but will be constituted with 10 members of the forum.
• The procedure for establishing and operating juries will be established per regulation.
• The evaluative intervention of citizen juries will be reflected in reports.

Other Citizen Participation Bodies (Article 24)

• Canarian public authorities can create other general or sectorial citizen participation bodies or councils that will be only for information and advice.

Promotion of Associationism (Article 25)

• All individuals can participate directly or through associations in public affairs.
• Canarian public powers will encourage and help associationism and volunteering.
• Canarian public powers can take regulatory measures and economic measures such as aid within their budget, training courses, advice services, or collaborations.

Public Subsidies and Aid (Article 26)

• Subsidies will be granted according to principles of objectivity, equality, non-discrimination, competition, and publicity, ensuring transparency according to laws on subsidies.
• The department responsible for citizen participation will establish the regulatory bases, requirements, and procedures for granting aid and subsidies.

Training Programs for Citizen Participation (Article 27)

• To promote citizen participation, programs will be made for citizens and entities with fundamental objectives, knowledge about the institutions of the Canarian state, and values of community regulations: to make improvements in their lives, promoting general or sectorial interests, increasing knowledge of Canarian self government.
• Training programs will aim at disseminating citizen participation regulations, training citizens and entities in using participation instruments/mechanisms, training them in internal management, and providing them with new technologies.

Awareness and Training Measures for Public Administration Staff (Article 28)

• The Government of the Canary Islands will promote training courses for staff to make known the citizen participation tools of this law.
• These courses will encourage a culture of citizen participation, cooperation, and mutual approach between the Administration and citizens.

Additional Provisions

• The law applies to Canarian Entities Abroad as defined under Law 4/1986
• The implementation of citizen participation tools will be guided by principles of coordination and collaboration with other institutions.
• The Government of Canary Islands will decide on its participation bodies; will adapt to this law.
• The Government can change the number of signatories in Article 12 based on demographic shifts(fourth).
• Citizen participation through referendums is regulated by the Spanish Constitution (fifth).
• The Government can modify the composition of consultation bodies per Article 21 (sixth).

Collaboration with the Public Administration of the Autonomous Community of the Canary Islands (seventh).

• People that have retired from being Public Administration of the Autonomous Community of Canarias employees can collaborate with projects in order to transfer knowledge but that isn't the same as filling a job.
• Collaborators will not be payed.
• The person in charge of the Autonomous Department will say if they think the collaboration will be authorized, and there will need to be a description regarding the collaboration.
• Collaborations should have access to all Administration material and are covered in the event of a risk.
• The person who is in charge in the area of citizen participation can develop the regulatory scheme of collaboration within the administration.

Single Transitional Provision

• The right to receive individualized information after manifestation of interest recognized in this law will be effective after the Registry is made available

Repealing Provision

• Any regulations against the present law will be repealed.