Public Hearings Research Articles

ПРИНЦИПИ ЄВРОПЕЙСЬКОГО АДМІНІСТРАТИВНОГО СУДОЧИНСТВА

The article examines the principles of European administrative justice in the context of the European Convention on Human Rights, the recommendations of the Committee of Ministers of the Council of Europe and the case law of the European Court of Human Rights and other international legal acts on the protection of human rights and freedoms. The methodological basis is the dialectical method of cognition. Given the complexity of the research subject, systematic logical, historical, sociological, linguistic, comparative and other research methods used. The principles of: effective legal protection, independence of the court and courts are characterized; fair trial; equality of procedural opportunities; disclosure of materials, competitive hearing; public announcement of a court decision, hearings in the process (right to be heard); public hearing; mandatory execution of a court decision. It noted that the principles of European administrative justice establish the regularities of the process of resolving public legal disputes in the field of public administration. European principles in the field of administrative proceedings defined as principles contained in acts of different legal nature in the field of justice, protection of human rights and freedoms. The principle of effective legal protection is fundamental in the system of principles of administrative proceedings, as it intended to ensure rights and freedoms in the process of resolving disputes in the sphere of public administration. The principles of European administrative justice are a systemic entity, interconnected and complementary. The legal system is a multidimensional phenomenon from the standpoint of both structure and functional orientation, development of internal and external relations. Because of this, it needs an adequate conceptual and categorical definition. In this regard, the situation in the theory of law is unsatisfactory. This is a structured organization of legal norms, united based on the subject, method and principles of legal regulation in the field of administrative proceedings for the effective regulation of social relations in public administration.

Why the Australian Commonwealth Government has a Central Role in Addressing Concussion Concerns in Australian Sport

The neurological sequelae of repetitive head impacts (RHIs) in Australian sport has come under intense public scrutiny. Class action litigation against the Australian Football League (AFL) is shaping up to be a ‘battle of the experts’ and could examine long term neurodegenerative disease. The Australian Parliamentary Inquiry into Concussions and Repeated Head Trauma in Contact Sports has conducted public hearings, due to report its recommendations in August 2023. As a high-profile public health concern, we strongly support a central role for the Australian Commonwealth Government to engage its agencies representing public health, sport and education towards a national approach.

How effectively are social accountability mechanisms being applied in mental health services within the newly federalized health system of Nepal? A multi-stakeholder qualitative study

BackgroundThe burden of mental health problems and inequalities in healthcare has emerged as critical issues, in Nepal. Strengthened citizen-driven social accountability (SA) is an effective strategy for building equitable health systems and providing quality healthcare services to all, yet SA in mental health is an under-researched area in Nepal.ObjectiveThis study explores changes in mental health service delivery in the re-configured federal health system and discusses the functioning and effectiveness of SA in the federalized context of Nepal.MethodThis case study research used a qualitative approach to data collection. We conducted Key Informant Interviews (KIIs), and Focus Group Discussions (FGDs) with local stakeholders including people with experience of mental health problems. The audio-recorded interviews and discussions were transcribed and analyzed using a thematic content method.ResultsA total of 49 participants were recruited, and 17 participated in interviews and 32 participated in six focus group discussions. From the data, eight themes emerged: Policy challenges in mental health, Governance and service delivery, Tokenism in the application of social accountability processes, Weak role of key actors in promoting accountability, Complaints and response, Discriminatory health and welfare system, Public attitudes and commitment towards mental health, and No differences experienced by the change to a federal system. It was found that existing health policies in Nepal inadequately cover mental health issues and needs. The prevailing laws and policies related to mental health were poorly implemented. There is a lack of clarity at different levels of government about the roles and responsibilities in the delivery of mental health services. Poor intra- and inter-governmental coordination, and delays in law-making processes negatively impacted on mental health service delivery. SA mechanisms such as social audits and public hearings exist within government health systems, however, application of these in mental health services was found poor. Rights-holders with mental health problems had not experienced any change in the provision of healthcare services for them even after the federalization.ConclusionMental health is insufficiently addressed by the health policies in Nepal, and SA mechanisms appeared to be rarely institutionalized to promote good governance and provide effective healthcare services to vulnerable populations. The provision of more equitable services and honest implementation of SA tools may foster greater accountability and thereby better service delivery for people with mental health problems.

Committee hearings as parliamentary public engagement: A global perspective

ABSTRACT Committees are important units of parliaments around the world, but their use in public engagement has been underexplored. Committees can conduct public hearings, which have been analysed as tools for information processing. Following a conceptual overview, the article analyses data collected for the 2022 Global Parliamentary Report on hearings as a tool for public engagement. Based on the survey responses of 69 parliamentary chambers and interviews with MPs and staff, it explores how, and where hearings are used for engagement. Spotlighting innovations such as committee field hearings and core issues from committee practice, such as digital hearings, and mechanisms for the involvement of CSOs, it becomes clear that the perspective on hearings must be broadened beyond legislation and oversight and their role in public engagement must be taken seriously – both for academic study and political practice.

PROCEDURAL SIGNIFICANCE OF THE ACTIVITY OF AN EXPERT IN ENSURING REASONABLE TIME IN CRIMINAL PROCEEDINGS

The article is assigned to the procedural significance of the expert’s activity, under the hour of the examination in criminal proceedings for the most reasonable lines. The peculiarities of the status of an expert in criminal prosecution, and its role in the activities of parties in criminal prosecution are the main tasks of criminal prosecution. The relevance of the study is determined by the fact that, in accordance with part 1 of article 6 of the European Convention on Human Rights, everyone has the right to a fair and public hearing of his case within a reasonable time by an independent and impartial court established by law, which will resolve the dispute regarding his rights and obligations of a civil nature or establish the merits of any criminal charge brought against him. The general requirements of justice contained in Article 6 apply to all criminal proceedings regardless of the type of offence being considered. Injecting the effectiveness of the activities of the expert visas on the development of reasonable lines in the criminal investigation. The search for innovative sources to improve the quality of this work, and the use of the achievements of science and technology, should go hand in hand with the introduction of new methods of conducting expert research within the framework of criminal proceedings, which would affect the provision of procedural terms, the effectiveness of investigative (search) actions and would exclude delays and abuse by right.

Development of the legislation on constitutional and legal forms of citizens' political activity that are implemented by information and communication technologies: the experience of Ukraine

Introduction. The article examines the evolution of the national legislation of Ukraine during the years of independence from the point of view of the formation of the legal basis for the implementation of forms of political activity of citizens, which are implemented with the help of information and communication technologies (ICT). The main regularities of the formation of national legislation in the researched area are identified, the main stages and directions of its development are highlighted, and the factors that influenced the content and dynamics of the relevant reforms are outlined. Summary of the main results of the study. The process of building an independent, democratic, legal state in Ukraine is directly related to the formation and development of the legal foundations of the information society, participatory democracy (democracy of participation) and e-governance, and in the context of the foundations of the legal status of an individual - with ensuring the right to participate in the management of state affairs and access to information. The legislative design of the newly proclaimed independent Ukrainian state took place in the conditions of the rapid transition of the world community from an industrial to an information society, which opened up new opportunities for democratic transit. The formation of the regulatory framework for the implementation of constitutional and legal forms of political activity of citizens, which are implemented with the help of ICT, had a consistent and progressive character, was carried out taking into account the existing technological level and features of the political system, as well as the foreign policy obligations of our state. Electronic democracy tools introduced in accordance with the constitutional legislation of Ukraine today include electronic voting in elections and referenda, electronic petitions, as well as consultations with the public, public hearings and discussion of draft legal acts of public administration bodies with the help of ICT. Conclusion. The conclusion that the process of formation of a regulatory and legal basis for the implementation of political activity of citizens with the help of ICT can be divided into four stages is justified: 1) preparatory stage (1990-1997) - the stage of formation of the constitutional and legal basis of political activity of citizens of Ukraine in the conditions democratic statehood; 2) the initial stage (1997-2007) - the stage of formation of the constitutional and legal foundations of informatization and development of the information society in Ukraine; 3) the central stage (2007-2018) - the stage of formation of the constitutional and legal foundations of "open government" and "electronic democracy"; 4) the modern stage (2019 to the present) is the stage of intensive development of legislation on legal forms of political activity of citizens using ICT under the leading role of the Ministry of Digital. The development of constitutional and legal foundations for the implementation of political activity of citizens in Ukraine took place and is taking place on a clear doctrinal and conceptual basis, taking into account Ukraine's international obligations and the real state of development of ICT and information relations in the public sphere. As a result, Ukraine is currently at the forefront of democratic states in the world in terms of the use of ICT in the implementation of "open government" and "participatory democracy".

ANALISIS PENETAPAN ‘KETENGBAN’ SEBAGAI DAERAH OTONOM BARU DARI WILAYAH PEGUNUNGAN BINTANG

The purpose of the study was to analyze the determination of 'Ketengban' as a New Autonomous Region from the Bintang Mountains Region. The type of research used is descriptive qualitative. Data collection techniques are interviews, observation, and documentation. Data analysis techniques: Data reduction, Data presentation, Drawing conclusions or verification. The results of his research, first It is necessary to establish a new autonomous region from the Bintang Mountains Region, implemented by the provisions of the Unitary State of the Republic of Indonesia having regulations governing regional government by the mandate of the 1945 Constitution, the government shall enact Law Number 2 of 2021 as a replacement for Law Number 21 of 2001 on special autonomy for Papua Province. Second Matter that concerns the stipulation of 'Ketengban' as a New Autonomous Region from the Bintang Mountains Region that is carried out by the regulations can be seen in the Brief Report of the Commission II DPR RI public hearing meeting which has stated that the DPRD and the Regional Government of the Bintang Mountains Regency submitted administrative completeness submitted to Commission II of the DPR RI. Third, What benefits can be obtained from the stipulation of 'Ketengban' as a New Autonomous Region, which can be seen in improving the standard of living and welfare of the community, Gunung Bintang Regency, Papua Province? In addition, the Bintang Mountains of Papua Province, in developing or developing their regions, are experiencing an accelerated increase.

Resistance, reclamation and repair: the Parragirls feminist archive and reparative media practices in the wake of institutional harm and media damage

ABSTRACT This paper engages with the creative strategies and media interventions of the Parragirls—a lose collective of women subject to punitive confinement and abuse as children in out-of-home “care” at the former Parramatta Girls Home—as a feminist archive of collective resistance, reclamation, and repair in the wake of institutional harm and media damage. We consider the Parragirls feminist archive in the context of a larger project analysing the role of media, journalism, and media activism in the ground-breaking Royal Commission into Institutional Responses to Child Sexual Abuse (2013–17) (RCIRCSA). Drawing on Couldry’s theorisation of “media as practice,” we foreground the ways Parragirls have responded to media injustice and media damage. We analyse a range of Parragirls practices and interventions which, taken together, complicate one of key media narratives which emerged during the RCIRCSA public hearings about abuses at Parramatta Girls, namely that “providing evidence, while traumatic can be beneficial and worthwhile.” Our paper thus contributes to critical scholarship on news values as racialised, classed, and gendered hierarchies of attention, and to feminist media scholarship that highlights resistant and transformative alternative visions for media practice. We ask: how might we imagine, or work towards a more reparative media?

Specific features of public involvement and digitalization of services when reforming public administration during the war

Specific features of public involvement and digitalization of services when reforming public administration during the war

Digital vs. physical ear-nose-and-throat specialist assessment screening for complicated hearing loss and serious ear disorders in hearing-impaired adults prior to hearing aid treatment: a randomized controlled trial.

This study introduces a digital assessment tool for asynchronous and remote ear-nose-and-throat (ENT) specialist assessment screening for complicated hearing loss and serious ear disorders in hearing-impaired adults prior to hearing aid (HA) treatment. The +60 population will nearly double from 12% to 22% between 2015 and 2050 increasing the incidence of age-induced hearing impairment and the need for hearing rehabilitation. If un-diagnosed, age-related hearing loss negatively affects quality of life by accelerating social distancing and early retirement as well as increasing risk of anxiety, depression, and dementia. Therefore, innovative measures are essential to provide timely diagnostics and treatment. A total of 751 hearing-impaired adults without previous HA usage or experience were randomly assigned to digital or physical ENT specialist assessment screening prior to HA treatment initiation in 20 public and private hearing rehabilitation and ENT specialist clinics in the North Denmark Region. A total of 501 test group participants were assigned to digital assessment screening and 250 control group participants to physical assessment screening prior to HA treatment. In all, 658 (88%) participants completed the trial and were eligible for analysis. Digital screening sensitivity (0.85, 95% confidence interval (CI) 0.71-0.94) was significantly higher than physical screening sensitivity (0.2, 95% CI: 0.03-0.56). Screening specificity was high for both assessment methods. In a setting where hearing-impaired adults were assessed for HA treatment, digital ENT specialist assessment screening did not compromise patient safety or increase the risk of misdiagnosis in patients with complicated hearing loss and/or serious ear disorders when compared to physical ENT specialist assessment screening. https://clinicaltrials.gov/ct2/show/NCT05154539, identifier: NCT05154539.

Judicial protection of the right to public discussion

The article summarizes the national judicial practice regarding the realization of the territorial community's right to public discussion, public hearing in the sphere of urban planning. It was found that the concepts of «public hearing» and «public discussion» are not identical and are related to each other as a part and a whole, which determines the diff erent functional authority of the territorial community in the process of their practical implementation. It has been established that the causes of disputes in the aspect of the implementation of the territorial community's right to public discussion, public hearing in the sphere of urban planning activities are: non-compliance with the legally established procedure by one of the parties to the court process, in particular, by the local self-government body, its officials or members of the territorial community; different interpretations of the content of legal documents, the subject of which are the legal regulation of such procedures; procedural multifaceted nature of the territorial community's right to public discussion, public hearing. Court practice shows that the institution of public hearings requires members of the territorial community not only to express their disagreement with the decision or draft decision of the local self-government body on certain issues in the sphere of urban development, but also to provide a legislative justification for their position, which proves that their legal rights and interests have been violated. in this legal relationship. In their decisions, national courts state the need for systematic compliance with a step-by-step algorithm for the procedural implementation of the territorial community's right to public discussion and public hearing in the sphere of urban planning. Key words: territorial community, local self-government, public discussion, public hearing, urban planning activity.

Pulling biodiversity offsetting in different directions – Stakeholder frames in the preparation of the Finnish nature conservation act

Biodiversity offsetting is a highly debated topic in biodiversity governance. On the one hand, offsetting provides a promising new conservation tool that can make the loss of ecological values visible and increasing conservation funding. On the other hand, increased role of market mechanisms and private actors poses a risk of commodifying nature or failing to meet the ecological outcome. Thus, offsetting can also be considered as an ethically problematic shift in nature conservation. Despite such controversies, biodiversity offsetting is an increasingly important biodiversity policy instrument globally. There is considerable variation in the types of offsetting policies adopted in different countries. However, the political debates related to offsetting policymaking have rarely been analyzed. To gain a more nuanced understanding on how these controversies can influence the adoption and formulation of offsetting policies, we analyzed the formal introduction of biodiversity offsetting policy in the Nature Conservation Act in Finland. We applied frame analysis on the statements issued during the public hearing process to understand how stakeholders, public administration and active citizens perceive biodiversity offsetting. We identified four frames promoting varying implementation of the offsetting system. All the frames indicated that biodiversity offsetting was generally a welcomed addition to Finnish biodiversity policy. However, the frames were contradictory regarding the goal of offsetting, the level of regulation and the role of authorities and markets in their implementation, which can result in varying conservation outcomes. The debate resulted in slight emphasis of the pro-business perspective. A voluntary offsetting system was adopted.

Antiabortion legal mobilization in Brazil: Human rights as a field of contention

Abstract This article analyzes the legal strategies used by the Brazilian antiabortion movement, observing its frames and argumentative strategies. It contextualizes the importance of the antiabortion movement within the recent conservative wave, as the movement had recently undergone a process of renewal, becoming one of the support bases for right-wing populist President Jair Bolsonaro’s government. The new configurations and strategies advanced by the movement reveal the centrality of lawyers and legal strategies, using the language of human rights. An analysis of court documents and public hearings at different political moments highlights recent shifts in antiabortion legal framings. While human rights language has always been ambivalent and contested, this article argues that what is taking place in the context of the reframed antiabortion movement is an appropriation (or misappropriation) of human rights, which distorts its most fundamental feature and advocates for anti-pluralist ends.

ІНФОРМАЦІЙНА ДІЯЛЬНІСТЬ ТЕРИТОРІАЛЬНИХ ГРОМАД В УМОВАХ НОВИХ СОЦІАЛЬНИХ ТА КОМУНІКАЦІЙНИХ ВИКЛИКІВ

<p><strong><em>The purpose</em></strong><em> of the study is to formulate the components of an effective communication policy of territorial municipalities in the context of a strategic vision of their development by means of territorial branding and marketing communications; to identify</em><em> the main communication strategies of all participants in the internal and external information environment of the municipality, aimed at the formation of an internal consolidated micro-society and countering the destructive consequences of military actions, etc.</em></p><p><strong><em>Research methodology.</em></strong><em> In the process of the research</em><em> of the internal and external components of the communication policy of one of the most progressive municipalities of the Zaporizhzhia region, as well as the direct participation of the article’s author in the development of its qualitative components, which are part of the strategic documents of the analyzed municipality, scientific research methods and practical implementation tools were involved, in particular, monitoring, SWOT analysis, public hearings, project activities, modeling, comparative, and structural analysis.</em></p><p><strong><em>Results. </em></strong><em>The introduction of martial law in Ukraine changed the functioning and development of territorial municipalities, a large part of which ended up in the war zone (or periodically falls into this list). However, previous achievements in the direction of sustainable processes of decentralization, in particular with regard to developed tools/channels of local communication in municipalities, are an actual object of attention because, under the conditions of military aggression, they became an effective means of humanitarian stabilization and security measures, prompted the patriotic impulse and emotional upsurge of Ukrainians </em><em>at the beginning of the military invasion, and should contribute to the effective restoration of democratic processes after the end of hostilities. Sustainable communication positioning is a powerful tool for the development of the territory not only in its quantitative (defined as absolute indicators of marketing positioning) but also in its qualitative (defined as conventional indicators of the formation of a favorable image and communication strategies for the community) dimension.</em></p><p><strong><em>Novelty.</em></strong><em> The work proves that branding and the use of marketing communications in the positioning of rural and township territories is an effective tool, on the one hand, for forming the image of a municipality</em><em>’s attractiveness and its competitiveness both in the regional and all-Ukrainian administrative and territorial space, and, on the other hand, as means of internal consolidation and improvement of the lives of local residents.</em></p><p><strong><em>Practical value.</em></strong><em> The results of the research have practical implementation and will be included in the strategic documents of Kushugum territorial municipality.</em></p><p><strong><em>Key words:</em></strong><em> branding, decentralization, martial law, information activity, marketing communications, patriotism, positioning, public communication, territorial municipality.</em></p>

Disputes over intellectual rights in Brazil: interest organisations and their impacts on copyright law

Previous studies on lobbying outlined that business groups are more influential on low salient issues due to their organisation, unity, and expertise. This study addresses the causal mechanisms behind issue salience and business influence through an in-depth case study regarding copyright reform in Brazil. By employing a bibliographical and a documentary research, I analysed the statuses and legislative agendas of groups and other policy participants interested in either maintaining or changing copyright laws. Through the investigation of public hearings and draft bills discussed at a special committee of the Chamber of Deputies, I mapped the policy participants and their political preferences. Combining process-tracing and preference attainment, the analysis sought to identify the winners and losers in this debate as well as the strategies they implemented to achieve their goals. In contrast to other studies, the case under analysis revealed that certain participants acted as countervailing forces against powerful groups, though business organisations still succeed to achieve small concessions.

Retrospect and prospect: Public participation in environmental impact assessment in China

With an attempt to improve transparency and public participation, EIA in China has undergone years of institutional construction and practical application. It provides an essential and significant approach for the public to be involved in the process of concretely shaping the meaning of sustainable development in China and making specific development decisions. This article therefore provides an overview of the legal regime of public participation in environmental impact assessment (EIA) in China, evaluates relevant practical experiences, identifies the pros and cons, and sheds light on the prospects for future reforms. Legal doctrinal methodologies are mainly applied in this research. It is observed that the recent EIA legislative reforms in China reflect a tendency towards enhanced public participation for projects that could have a significant environmental impact and a reduction of the unnecessary burden on developers to seek public opinion for projects that only could have a mild or little environmental impact. Regarding the development of statutory laws, the screening of projects is crucial to attaining a balance between scientific and social rationality and integrating environmental protection with economic and social development needs. It is generally commendable for projects that are less controversial to pass the EIA procedure more efficiently, while further participation opportunities are also provided to the public in cases of controversial projects. By highlighting the right to participate of the public that may be affected, the chances of NGOs to participate could be reduced. A detailed discussion is then made from a judicial perspective to provide a practical understanding on how the statutory laws are applied in concrete actual cases in China. The following key questions are answered: the extent of procedural flaws in public participation that could lead to a withdrawal of the EIA decision; the application of administrative licence rules on public participation in EIA; the prospect of public interest litigation on public participation in EIA. Notably, the public interest and minor breaches of the law have been used as reasons to refrain from withdrawing an EIA decision with procedural flaws. Nonetheless, the exceptions should be applied with caution. The strictest and most powerful provision regarding public participation at the approval stage of EIA is the administrative licence rules on the right to a hearing. However, the application of public hearings on projects with a mild environmental impact is excessive. Compared to public interest litigation, traditional judicial review based on individual procedural rights is more reliable and prudent in promoting progressive changes. The finds of this article could greatly contribute to academic discussion on public participation in EIA in China and provide valuable Chinese experiences and lessons for comparative studies.

The efficacy of statutory public hearings for planning: A comparison of four Canadian jurisdictions

ABSTRACT Statutory public hearings for urban development proposals are among the oldest venues for public participation in urban planning in the U.S., Canada, and many other jurisdictions, and the most common venues for resident participation in planning. A number of scholars discuss public hearings in their work. However, such depictions are often contradictory and do not test nor examine whether public hearings allow residents to influence planning decisions. This paper tests the efficacy of statutory public hearings and examines whether institutional difference (at-large vs. ward-based councils) and contextual difference (suburban municipalities vs. their urban cores) affect residents’ ability to influence municipal councilors via public hearings. The paper finds that resident opposition to development at public hearings does not result in substantial changes to development proposals. However, contextual and institutional differences do alter how councilors respond to resident opposition.

Yoruba Language Use in Lagos State Legislative Assembly: Challenges and Prospects

Abstract
 This study examined the challenges and prospects of the use of the Yoruba Language for legislative business in the Lagos State House of Assembly. The Assembly adopted the use of the Yoruba language for its deliberation every Thursday in 2007. This study made use of an in-depth interview guide to elicit responses from research subjects, who were drawn from among the Legislative officers, aides, and assistants, totaling ten. In addition, we consulted archival notes, Order Paper, Proceedings of the House, newspapers, and other recorded material. Our findings revealed that there is an insufficient number of Yoruba legislative reporters, while some legislators are still trying to grapple with the use of Yoruba. Similarly, most statutory committee members do not speak the Yoruba language during meetings or public hearings. The prospects of the initiative include, among others, bringing legislative practice to the doorstep of the common man. For instance, the House has now passed a bill into law making Yoruba language compulsory both as a subject and a language in Lagos State public schools toward the growth of the economy of Lagos State.

AHRC Efforts Action to Reduce Racial Discrimination Cases Occur in Australia

This article discusses the efforts of the Australian Human Rights Commission (AHRC) to reduce cases of racial discrimination in Australia 2015-2018. The AHRC's efforts are defined in five rules and procedures for resolving complaints of racial discrimination. Among them are socialization or early warning, complaints and investigations, compliance, continuation of legal action, and public hearings. The moment Australia ratified the United Nations Human Rights Commission (UNHRC) rules, namely the CERD rules on the International Convention on the Elimination of All Forms of Racial Discrimination which sparked the 1975 Racial Discrimination Act that could form the formation of the AHRC in 1986. In principle UNHRC is an organization known as the regime adopted in Australia in the form of the AHRC. This journal aims to discuss, describe, and find out the efforts of the Australian Commission on Human Rights in reducing cases of racial discrimination in Australia 2015-2018. Describes the rules and procedures for resolving racial discrimination complaints received by the AHRC through the five stages of resolution. After that it analyzes whether the five rules and procedures applied by the AHRC are implemented optimally to reduce cases of racial discrimination that occurred in Australia in 2015-2018.

스위스와 독일의 지방자치단체의 입법참여에 관한 고찰

The purpose of this study is to compare the legal systems of Switzerland and Germany to expand the participation of local governments in legislation in Korea. Today, opinions and participation of local governments are expanding through the strengthening of local autonomy and the expansion of decentralization. Currently, in Korea, local governments can indirectly present their opinions, participate in public hearings, hearings, etc. through the Local Autonomy Act, the National Assembly Act, and the legislative operation regulations, and these procedures remain objects, not subjects. In order to improve this, it is necessary to analyze the legal systems of Switzerland and Germany, where local governments and local government associations are actively participating as legislators and related parties in relation to autonomy, and review their implications for Korea. In the case of Switzerland, Kenton is widely recognized for his participation in legislation. To this end, the federal constitution stipulates in detail. Legislative participation is also recognized by expanding diplomatic affairs, and strong legislative participation is promoted through the right to request a referendum, and similar to Germany, federal senators can be formed as representatives of Canton to participate in parliamentary legislation. Looking at the characteristics of the legislative participation systems of Swiss and German local governments, the following characteristics are shown. First, legislative participation in the central government and the National Assembly is very actively recognized. On the other hand, in Germany, local governments and associations of local governments generally recognize limited and passive participation in legislation in the National Assembly. However, as a supplement to this, local governments are actively realizing legislative participation in the National Assembly through the exercise of members of the Federal Council or the right to vote. In Switzerland and Germany, the scope of affairs related to local governments is widely recognized for the scope of legislation that local governments and local government councils can participate in, but legislative participation is not limited to legislation, but even zero, rules, and plans are recognized. In order for local governments and local government councils to actively present their opinions on local autonomy and improve the legal system, including legislative participation by local governments It is thought that allowing the heads of local governments at the same national level to participate in actual state legislation and policies as State Council members could be a way to expand the institutional guarantees of local governments guaranteed under the constitution.