Mechanisms of public participation in administrative decision-making

Abstract

Public participation by those affected by administrative decisions, whether individuals, groups, or civil society organizations, in the various stages of administrative decision-making has become an imperative necessity. Such participation contributes to enhancing legal certainty by ensuring that decisions reflect actual circumstances and achieve the highest possible levels of public satisfaction. Furthermore, it upholds the principle of legality, thereby reducing administrative disputes and strengthening citizens’ confidence in the effectiveness of administrative decisions adopted by public authorities in the conduct of their affairs in pursuit of the public interest. This study aims to examine the various mechanisms of public participation and the nature of their impact on final administrative decisions under the French legal system, as well as to identify the position of the Jordanian legislator regarding the adoption of public participation mechanisms in administrative decision-making. In particular, the study investigates the extent to which the public’s role has evolved from merely expressing opinions to exercising influence over the substance of administrative decisions and, ultimately, participating in determining their outcomes. The study classifies public participation mechanisms into deliberative and decisional mechanisms according to the degree of authority granted to citizens to influence the outcome of an administrative decision. The findings indicate that deliberative mechanisms leave the decision-making authority in the hands of the competent administrative authority. By contrast, local referendums have a binding effect on the competent administrative authority, provided that the relevant legal requirements are satisfied. The study further demonstrates that participatory budgeting in France is of a hybrid nature, combining deliberative and decisional effects, while the authority to approve financial appropriations remains vested in the competent local authority. Moreover, the study highlights the Jordanian legislator’s openness to public consultation and electronic consultation in the context of assessing the impact of legislation and public policies. Accordingly, the study recommends the adoption of a general public participation charter that defines the scope of its application, identifies the competent authority responsible for regulating it, and establishes the rights and obligations of participating members of the public. It also recommends the gradual expansion of public participation mechanisms to encompass major projects and the management of public utilities and services. Furthermore, it calls for the professional development of public officials and members of local councils through specialized training programs designed to enable them to administer participation procedures effectively and analyze public contributions.