Legitimacy Of Decision-making Process Research Articles

Unveiling the Enigma: Empowering Citizen Engagement in Decision-Making Deciphering Albania's Case

This article aims to fill the gap and analyze citizen involvement in developing and transitional democracy, focusing specifically on Albania, a country in the Western Balkans. The objective of this article is to examine the models, trends, obstacles and opportunities offered by citizen participation, as well as to evaluate the determinant factors and their impact on the transformative processes of democratization and the fragile development of Albania. The article explores the participation of citizens in the decision-making process, and their role in policy-making and democratic decision-making and tries to understand how citizens can be more actively involved in the decision-making process and how this involvement can increase the legitimacy and effectiveness of policies. In this study, we use qualitative and quantitative methods to analyze existing practices of citizen involvement in the decision-making process at different levels of local and central government. We focus on the tools and mechanisms that can be used to encourage the involvement of citizens in the decision-making process. The results of this study aim to provide recommendations for policymakers and practitioners at different levels of government to improve the involvement of citizens in the process of decision-making. In conclusion, through these recommendations, we aim to help increase transparency, responsibility and legitimacy of decision-making processes and create an environment where citizens feel involved and heard in decision-making that affects life. Received: 8 March 2024 / Accepted: 13 June 2024 / Published: 02 July 2024

State Delegations and the Influence of COP Decisions

Abstract This article concerns the likelihood that decisions adopted at conferences of the parties (COPs) to multilateral environmental agreements will influence the behaviour of States Parties. Relying upon a theory emphasising the importance of rational persuasion of decisions and the legitimacy of decision-making processes, this article explains how choices concerning the preparation of delegates and then participation of delegations at plenary meetings of the parties to environmental treaties might enhance the likelihood of those decisions having a positive effect upon the actions of States Parties. This is done using a case study of the UK delegation to a meeting of the parties to the 1971 Ramsar Convention on Wetlands of International Importance. That case study also provides examples of potentially positive modalities adopted by the UK, while also revealing suspected concerns for the future surrounding retention of experienced delegates and the impact of Brexit.

Territorial Changes to Municipalities and Inter-Municipal Cooperation: A Comparative Overview and Orientations for Slovenia

Local self-government has faced a number of challenges over the past decade. The financial crisis has revealed new dimensions of the eternal question of financing self-governing local communities, while distrust and a lack of interest in participation in local democracy among the people have led to considerations of different approaches to public decision-making concerning local issues. A comparative overview shows that the question of the “perfect size” of municipalities is currently very relevant and aimed at finding dimensions that would enable the municipality to ensure both local-level democracy and identity and economic efficiency in the delivery of public services. The most popular tool for achieving this goal is the merger of municipalities, although other approaches also exist, including various forms of inter-municipal cooperation. Some forms of inter-municipal cooperation have already taken firm hold in Slovenia, although the question of the potential impacts of alternative forms of inter-municipal cooperation on the democratic legitimacy of decision-making processes and the potential of these processes for the developmental breakthrough of Slovenian municipalities has yet to receive adequate attention.

Participation of a non-disputing party in arbitration and protection of the public interest before an ICSID Tribunal

The paper discusses the need to protect the legitimacy of decision-making process in investment arbitration through public access to the proceedings. Unlike commercial arbitration, investment arbitration entails decisions on state responsibility for measures directed towards protection of environment, lives and health of its population or human rights. Presence of the public interest in such disputes brings under strong criticism a traditional characteristic of arbitration process - its confidentiality. The problem of democratic deficit of decision-making can be resolved, inter alia, by allowing persons who are not parties to the dispute to participate in the proceedings if they consider that their interest might be affected by arbitral award. The 2006 Arbitration Rules of International Centre for Settlement of Investment Disputes envisage, subject to approval of the Tribunal, the right of a non-disputing party to file a written submission with the Tribunal regarding a factual or legal issue connected with the subject matter of the dispute. However, without right of those entities to attend arbitral hearings and, more importantly, without their access to documents submitted during the proceedings, this is not by far enough to give 'friends of the court' a meaningful and significant role.