“We propose to amend the Sejm by-laws to lower the public hearing eligibility criteria, making it possible to hold a hearing supported by, say, one third of the committee members. There is a lot at stake here, as the public hearing procedure plays a significant role as a measure enabling citizens to take part in the legislative process”, adds Mr Szwast.
The Foundation’s noted that the manner in which a notice of a public hearing is given (an online announcement available at the Sejm’s official website) is not an effective way of communicating with a large group of stakeholders potentially willing to participate in the hearing.
Another flaw in the procedure currently in place is the overly complicated public hearing admission form. On a number of occasions, the HFHR has been approached by other NGOs asking for help in completing the form which may prove that the latter had been defectively drafted.
The Foundation proposes to introduce an obligation to collect outcomes of a hearing in an easily accessible form: a table with the positions expressed by the consulted stakeholders with regard to particular measures in the discussed bill, or a catalogue of voiced opinions, depending on the number of public hearing participants. Finally, the bill’s sponsor should be obliged to respond to the positions expressed during the hearing.
The Foundation also argues to consider introducing mandatory public hearings for especially important bills proposed by the President, Sejm deputies and groups of citizens. Currently, the obligation to hold public consultations does not extend to such legislative proposals and covers only bills prepared by the government. The introduction of mandatory public hearings of presidential, parliamentarian and citizen bills would enable non-governmental organisations and members of the public to comment and voice their opinion on the proposed changes of laws.
