Public participation must be low-threshold and digitally available.

Digital public participation in Germany resembles a patchwork quilt. Numerous specialized laws set different standards and procedures for the participation of citizens in infrastructure projects – if it is regulated by law at all. However, low-threshold opportunities for participation are an essential component of democracies and are also important for the acceptance of infrastructure projects.

Public participation in the age of digitalization

If infrastructure projects are planned in Germany, citizens have the right to participate in them, to view information and to raise objections to the projects. This is regulated in the Aarhus Convention, European directives (including the EIA and Public Participation Directives) and German planning and approval law. In times of digitalization and also as a learning experience from the pandemic, this type of public participation is in urgent need of modernization. Numerous environmental associations are now pushing for new overarching legislation for digital public participation.

Standards are needed with simultaneous quality assurance

To date, digital public participation has been regulated by numerous specialized laws. In some cases, the procedure for participation varies from law to law. The result is confusion and ambiguity. However, if the right of citizens to have a say is to be safeguarded, smart legislation is needed that regulates public participation both digitally and in analog form and is based on the principles of user-friendliness and easy access to information. UfU’s central demands in a draft law on digital public participation drawn up by UfU for BUND and NABU are as follows

1. Establishment of a central participation portal
2. Clear and structured provision of documents
3. No reduction in participation rights due to digitalization

In order to ensure the quality of future legislation and guarantee its feasibility, networked communication between the various players involved in public participation is required. In spring, we organized a professional exchange with representatives from science, environmental associations and administration with funding from the Heidehof Foundation. The experts from research and practice discussed what legislation could look like that modernizes public participation without sacrificing quality. This includes, for example, making information accessible and clearly laid out on the internet or allowing people to discuss their own objections directly with the responsible authorities during approval procedures

Authorities must be supported in implementation

New legal requirements alone will not modernize public participation and improve its quality. The responsible authorities also need to build up personnel capacities and technical expertise for digital participation. Our “E-Participation Environment” project is developing specific assistance for authorities that (want to) implement digital participation formats. A practical guide answers key questions and provides practical tips. For example, when digital formats are particularly suitable and when they are not. Which technical requirements must be met and which special requirements arise, for example with regard to communication with the participants in advance or moderation during the events.

Digital public participation is a central component of the transformation

Our work clearly shows that there is still a lot of room for improvement both in legislation and in practice. Digital participation offers the opportunity to involve people in a low-threshold and simple way, thereby lowering barriers to participation. Care must be taken to ensure that standards of good participation are not lost in the future. In view of the major challenges of this century, such as the climate and biodiversity crisis, our infrastructure will have to be massively restructured. The energy supply and mobility sectors are particularly affected. In the public debate, public participation is often blamed for long planning procedures. However, a study recently published by UfU shows the positive benefits of public participation on the environmental compatibility of infrastructure projects and the efficient implementation of procedures. Furthermore, the right of citizens to have their say is generally an essential part of our democratic system. It is indispensable, not least for such a major social challenge as the transformation to a sustainable society that is in line with declared social and ecological goals. At UfU, we are continuing to research how public participation in infrastructure projects can be implemented in a more modern and low-threshold way in the future.