In a recent decision, the Conseil d'Etat clarifies for the first time "the rules and principles governing the use of open consultations":
For the first time, the Conseil d'État specifies the rules and principles governing this type of consultation.
He ruled that the administrative authority must set the terms of the consultation in compliance with the rules laid down by law and with the principles of equality and impartiality, from which it follows that the consultation must be sincere.
Thus it must
- provide the persons concerned with clear and sufficient information on the purpose of the consultation and its modalities and allow them a reasonable time to participate;
- ensure that the results or proposed outcomes are made public at the appropriate time;
- define a perimeter of the public consulted that is relevant to the purpose of the consultation;
- take measures to prevent the outcome of the consultation from being vitiated by repeated notices or notices issued by persons outside the scope;
- ensure that the consultation is carried out in accordance with the terms and conditions set by the Commission.
A reference framework on public participation in QuebecA similar process was conducted last June by the Quebec government. It unveiled a " Framework for Public Participation ". This framework aims to standardize the use of public consultation for public organizations and the various ministries of the province in the development of public policies.
It is based on seven guiding principles "that mark out the practice of public participation by setting out the principles and rules to be respected by administrations to ensure the success of participation processes, while taking into account the specificities and needs of their environment.
- The commitments of the competent authorities
- The commitment of the participants
- The choice of public participation mechanisms
- The information
- The promotion