scholarly journals German Law Covering the Public Participation in Planning and Building Infrastructure Projects

2018 ◽  
pp. 121-136
Author(s):  
Anja Bothe
Keyword(s):  
Public Participation ◽  
German Law ◽  
Infrastructure Projects ◽  
The Public

Partisipasi Masyarakat dalam Proses Kebijakan Daerah

2012 ◽  
Vol 10 (2) ◽  
pp. 163-177
Author(s):  
Abdullah Manshur
Keyword(s):  
Public Policy ◽  
Public Participation ◽  
Policy Evaluation ◽  
Policy Process ◽  
Policy Formulation ◽  
Problem Situation ◽  
Policy Cycle ◽  
Policy Makers ◽  
The Public ◽  
Policy Making Process

Public policy is a decision to deal with a particular problem situation, that identifies the objectives, principles, ways, and means to achieve them. The ability and understanding of policy makers in the policy-making process is very important for the realization of public policy of rapid, accurate and adequate. The product to suit the needs of the public policy, public participation in the policy process is needed in the policy cycle, from policy formulation to policy evaluation. This paper attempts to review the importance of community participation and other forms of public participation in the policy process, in particular, policy areas.

scholarly journals Application of the watershed sustainability index in the Piranhas-Açu watershed

Water Policy ◽  
2020 ◽  
Vol 22 (4) ◽  
pp. 622-640
Author(s):  
D. D. Costa e Silva ◽  
H. M. L. Chaves ◽  
W. F. Curi ◽  
J. G. V. Baracuhy ◽  
T. P. S. Cunha
Keyword(s):  
Decision Making ◽  
Water Resources ◽  
Public Participation ◽  
Analysis Method ◽  
Resources Management ◽  
The Public ◽  
Sustainability Index ◽  
Decision Making Processes ◽  
Semi Arid Region ◽  
Brazilian Northeast

Abstract The current worldwide water resources issue is one of the crucial matters to overcome obstacles to sustainable development. This problem, formerly tackled in a sectored manner, is now pointing towards an analysis directed to treating the watershed as a management unit, with regards to all dimensions of knowledge and, especially, to the public participation in the decision-making processes. As an alternative to measure its performance, it has been sought out to develop indexes aimed to measure its sustainability, but there is still a lack of the use of composed efficient methodologies that also enable public participation in decision-making. This research presents a methodology comprising 15 indexes for the calculation of the Watershed Sustainability Index (WSI), followed by the application of the PROMETHEE multi-criteria analysis method and the COPELAND multi-decision-maker method. The methodology was applied to evaluate the performance of subwatersheds of the Piranhas-Açu watershed, located in the Brazilian northeast semi-arid region. The performance ordering, obtained through the application of the methods, emphasizes that subwatersheds' performances are uneven. It can be noticed that the subwatersheds' performances are still far from ideal in relation to water resources management, even in the ones that displayed satisfactory index levels.

scholarly journals Opening a Path towards Sustainable Corporate Behaviour: Public Participation in Criminal Environmental Proceedings

2021 ◽  
Vol 13 (14) ◽  
pp. 7886
Author(s):  
Pavel Kotlán ◽  
Alena Kozlová ◽  
Zuzana Machová
Keyword(s):  
Public Participation ◽  
Criminal Liability ◽  
Active Role ◽  
Legal Framework ◽  
The European Union ◽  
Criminal Proceedings ◽  
Human Rights Protection ◽  
The Public ◽  
Governmental Organizations ◽  
Non Governmental Organizations

Establishing criminal liability for environmental offences remains daunting, particularly with regard to the ‘no plaintiff—no judge’ element as a result of which the public seems to be ultimately deprived of the possibility to participate in criminal environmental proceedings. While there is arguably a lack of specific instruments at the European Union (EU) level which would prescribe such legal obligation on the part of the State, there has been a shift in understanding the role of the public and its participation in criminal liability cases, namely under the auspices of the so-called effective investigation and the concept of rights of victims in general. Using the example of the Czech Republic as a point of reference, this article aims to assess the relevant legal developments at both EU and Czech levels to illustrate why the non-governmental organizations (NGOs), essentially acting as public agents, should be granted an active role in environmental criminal proceedings. After examining the applicable legal framework and case law development, the article concludes that effective investigation indeed stands as a valid legal basis for human rights protection which incorporates an entitlement to public participation. Despite that, this pro-active shift is far from being applied in practice, implying that the legislation remains silent where it should be the loudest, and causing unsustainable behaviour of companies.

The Interrelation between Public Participation and Access to Justice in the eia Context in the Face of the Increasing Use of Digital Technologies: Comment on the cjeu Judgment in the A.Flausch et al Case (C-280/18)

2021 ◽  
Vol 18 (1-2) ◽  
pp. 39-55
Author(s):  
Vasiliki (Vicky) Karageorgou
Keyword(s):  
Public Participation ◽  
Digital Technologies ◽  
Specific Aspect ◽  
Time Limit ◽  
Access To Justice ◽  
Eu Law ◽  
The Public ◽  
The Face ◽  
Procedural Autonomy

Abstract The article analyzes the cjeu Judgment in the A. Flausch et al case, which concerns the compatibility of the Greek procedural rules relating to specific aspects of the public participation in the eia context and to a specific aspect of access to justice (time limit) with the respective EU Law provisions in the face of the increasing use of digital technologies in the public participation procedures. This ruling is important, because it sets limits to the procedural autonomy of ms when it comes to the rules that are applied to the eia-related disputes and those that concern the public participation arrangements. It demonstrates, though, the lack of a steady line in the Court’s jurisprudence concerning the standards for assessing the national procedural rules and the role of Article 47 cfr. Moreover, the Court did not lay the ground for an interpretation of the ΕU public participation provisions in a way that an obligation for taking measures could be established, with the aim to ensure equal participation opportunities.

Use of the public-and-private partnership agreements in the conditions of imperfection of legal regulations in the Russian Federation

2021 ◽  
pp. 55-62
Author(s):  
I. S. Polyakova
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Controversial Issues ◽  
Legal Regulations ◽  
Infrastructure Projects ◽  
Public And Private ◽  
Private Partnership ◽  
The Public ◽  
Private Investments ◽  
The Russian Federation

The objective of this research is to consider some controversial issues of the development of public-and-private partnership (and concession agreements as its most common form) in Russia. Some complaints made by Federal Antimonopoly Service of the Russian Federation to some infrastructure projects are reviewed. The author studied dynamics of private investments into infrastructure projects in the conditions of imperfect legal regulation. The assessment of the validity of the position of Federal Antimonopoly Service is given. It is predicted whether the legislative collisions will prevent the growth of private investments into infrastructure. Recommendations on the development of the mechanism of public-and-private partnership with the observance of antimonopoly regulation, as well as recommendation on the improvement of the legislation in this area are developed. The results of the research can be used by both private participants of public-and-private partnership and the federal, regional and municipal authorities, and also by legislators working on the improvement of the legislative regulation in this area.

scholarly journals Risk Identification and Assessment in PPP Infrastructure Projects using Fuzzy Analytical Hierarchy Process and Life-Cycle Methodology

2012 ◽  
Vol 8 (1) ◽  
pp. 34-48 ◽  
Author(s):  
Jie Li ◽  
Patrick Zou
Keyword(s):  
Life Cycle ◽  
Fuzzy Ahp ◽  
Risk Identification ◽  
Infrastructure Projects ◽  
Fuzzy Analytical Hierarchy Process ◽  
Ahp Method ◽  
The Public ◽  
Project Life Cycle ◽  
Project Life ◽  
Hierarchy Process

To fulfil the increasing demands of the public,Public Private Partnership (PPP) has beenincreasingly used to procure infrastructureprojects, such as motor ways, bridges, tunnelsand railways. However, the risks involved inPPP projects are unique and dynamic due tolarge amount of investment and longconcession period. This paper aims to developa risk identification framework from theperspectives of project life cycle, and anassessment framework for risks associatedwith PPP project using fuzzy analyticalhierarchy process (AHP). First the paperreviews the current literature to identifycommon risks in PPP infrastructure projectsand classification methods used. The risksidentified from the literature were classifiedusing project life cycle perspectives. Followingthat, the paper presents the advantages offuzzy AHP. Furthermore, the paper provides aframework for assessment of risks in PPPprojects followed by an illustrative examplewhere the data was obtained from surveyquestionnaires. The paper concludes that risksassociated in PPP infrastructure projects areunique and therefore it is beneficial to classifythem from project life cycle perspectives, andthe proposed fuzzy AHP method is suitable forthe assessment of these risks.

Discursive Democracy and New Labour: Five Ways in Which Decision-Makers Manage Citizen Agendas in Public Participation Initiatives

2004 ◽  
Vol 9 (3) ◽  
pp. 1-17 ◽  
Author(s):  
Mike Williams
Keyword(s):  
Public Participation ◽  
Policy Making ◽  
Local Authority ◽  
Public Support ◽  
Final Analysis ◽  
New Labour ◽  
Decision Makers ◽  
The Public ◽  
Labour Policy ◽  
The Government

New Labour's conceptualisation of public participation in local government creates a tension in public participation practice. Government legislation and guidance require local authorities to develop and provide citizen-centred services, engage the public in policy-making and respond to the public's views. Seen in this light, New Labour policy draws from radical democratic discourse. However, local authority staff are also expected to act in accordance with the direction set by their line managers, the Council and the government and to inform, engage and persuade the public of the benefit of their authority's policies. In this respect, New Labour policy draws from the discursive model of civil society, conceptualising public participation as a method for engendering civil ownership of the formal structures of representative democracy. Tension is likely to arise when the ideas, opinions and values of the local authority differ from those expressed by the participating public. This paper uses a local ‘public participation’ initiative to investigate how the tension is managed in practice. The study shows how decision-makers dealt with the tension by using participatory initiatives to supply information, understand the views of the public and encourage public support around pre-existing organisational agendas. Problems occurred when citizens introduced new agendas by breaking or manipulating the rules of participation. Decision-makers responded by using a number of distinctive methods for managing citizens’ agendas, some of which were accompanied by strategies for minimising the injury done to citizens’ motivations for further participation. The paper concludes that New Labour policy fails to deal with the tensions between the radical and discursive models of participation and in the final analysis draws mainly from the discursive model of participation. Furthermore, whilst New Labour policy promotes dialogue between the public and local authority, it does not empower local authority staff to achieve the goal of citizen-centred policy-making.

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