Definition and Legal Classification of Citizens’ Assemblies
Der Citizens’ Assembly is a body that draws on grassroots democratic forms of citizen participation. It is an institutionalized gathering of randomly selected citizens, who, in a limited number and with a time-limited mandate, come together to discuss issues of public interest and develop recommendations. The concept of the citizens’ assembly is established in various countries and at different levels, and is gaining increasing importance both legally and in practical application.
Historical Development and Legal Foundations
The development of the citizens’ assembly is closely linked to modern developments in citizen participation and direct democracy. In Germany, there are currently no federal statutory framework conditions for citizens’ assemblies. At state and municipal levels, there are various legal bases and design options. Citizens’ assemblies can be enabled or regulated through provisions in the respective municipal codes or by individual state laws. In addition, citizens’ assemblies are often established on the basis of parliamentary decisions, e.g., by the Bundestag, state parliaments, or local councils.
Example: Citizens’ Assemblies at the Federal Level in Germany
In 2021, a nationwide citizens’ assembly on the subject of ‘Germany’s Role in the World’ was convened for the first time, initiated by a decision of the German Bundestag. Legally, it was an advisory body whose recommendations did not have legally binding character for the Bundestag or the federal government, but merely served as suggestions and guidance.
Composition and Appointment
A key legal feature of the citizens’ assembly is the selection of participants. This usually takes place through a procedure of random selection (lottery). The selection process is designed to reflect the demographic composition of the overall population, in order to ensure the broadest possible societal representativeness. Legally, the following should be noted:
- Participation is voluntary; nevertheless, those selected by lottery are often invited to take up their role. In certain cases, expense allowances or compensation for loss of earnings may be provided.
- The appointment of the citizens’ assembly is carried out by the respective competent institution (e.g., city council, municipal council, parliament).
Legal Basis for the Selection Procedure
The selection procedure itself may, if there is a legal framework, be regulated by administrative regulations or statutes. Its legitimacy is based on the principles of equality, transparency, and impartiality. Aspects of data protection law must especially be taken into account in the context of data collection and contacting participants (cf. General Data Protection Regulation, GDPR).
Tasks and Mandate
Citizens’ assemblies perform advisory functions. Their main – legally non-binding – tasks include:
- Deliberation on specifically defined topics or issues
- Development of recommendations and courses of action
- Final reports, which are to be transmitted to the respective appointing body
The mandate of a citizens’ assembly is typically limited in time and content. Legally, it is stipulated that citizens’ assemblies do not have the authority to make binding decisions in the sense of direct lawmaking or government execution. Their recommendations exert influence through political will formation or public debate.
Binding Effect and Legal Significance of Recommendations
The recommendations of a citizens’ assembly are generally not legally binding. They have a political impact but can be incorporated into decision-making processes on the basis of statutory or statutory regulations. The legal nature of the citizens’ assembly is thus clearly distinct from executive and legislative power.
Citizens’ Assemblies in Comparison: Germany, Austria, and the EU
Germany
In Germany, citizens’ assemblies are currently organized as pilot projects or initiatives following resolutions by appointing bodies. Their legal classification is determined by mandates from parliaments or authorities. The form of the citizens’ assembly has not yet been incorporated into the Basic Law.
Austria
In Austria, there are municipal and regional citizens’ assemblies, some of which are based on corresponding state laws or municipal statutes. Legally, they are also advisory bodies without decision-making powers, with explicit anchoring in the respective rules of procedure or municipal constitution.
European Union
At the European level, citizens’ assemblies (e.g., within the framework of the ‘Conference on the Future of Europe’) are established on the basis of specific mandates and statutes, usually by council decisions or regulations. Their working procedures are characterized by transnational coordination and cooperation with other EU bodies.
Distinction from Other Forms of Citizen Participation
Legally, citizens’ assemblies differ significantly from other participation formats such as popular initiatives, referendums, or petitions. Whereas the latter can have legal binding force (especially where provided by law), citizens’ assemblies are limited in their effect to consultation and initiating political discussion. The legally relevant aspect is particularly the absence of direct binding effect vis-à-vis the legislature or executive.
Legal Protection, Data Protection and Transparency
Legal Protection
Participants in a citizens’ assembly have the right, if the relevant conditions are met, to seek legal recourse, for instance in the event of a violation of rights during the selection process (principle of equality) or on data protection matters.
Data Protection
The collection, storage, and processing of personal data is carried out in compliance with the applicable data protection laws, in particular the EU General Data Protection Regulation (GDPR) as well as national data protection laws. Legally required are transparent consents and safeguards to protect the interests of those affected.
Transparency
The work of citizens’ assemblies is generally subject to the principle of public access. Reports and results are published, with rules of procedure or statutes possibly specifying additional regulations concerning publication. Transparency is a prerequisite for the acceptance and political effectiveness of the results.
Conclusion
The citizens’ assembly represents a modern instrument of citizen participation, which is legally characterized by its advisory function. Its establishment is based on different foundations, mostly through parliamentary or municipal resolutions. The legal effect of the recommendations is essentially political, as there is no direct binding force on the proposals or decisions of the citizens’ assemblies. The structure of participation, the protection of personal data, and the observance of transparency and equality principles are key legal requirements for the work of citizens’ assemblies. The increasing spread of citizens’ assemblies reflects the social and political trend toward greater involvement of citizens in public decision-making without modifying the established legal procedures of representative democracy.
Frequently Asked Questions
Can the decisions of a citizens’ assembly be legally binding?
Under the current German legal system, citizens’ assemblies do not have formal decision-making or legislative authority. Their recommendations are therefore generally not legally binding. Citizens’ assemblies are incorporated into legislative processes solely in an advisory capacity and serve to make the opinions and interests of a representative random sample of citizens visible. The adoption of proposals from the citizens’ assembly by a parliament or other decision-makers remains at political discretion. Even if a parliament subsequently decides to adopt recommendations, this occurs based on political considerations, not due to a legal obligation. Thus, citizens’ assemblies fundamentally differ from constitutionally enshrined institutions such as parliaments or courts, whose decisions are binding.
Which legal bases permit the convening of citizens’ assemblies?
The convening of citizens’ assemblies in Germany can be based on various legal foundations. As a rule, they are established by resolutions of parliaments at the federal, state, or municipal level or by initiatives from administrations. The relevant legal basis is in particular the municipal law of the respective federal states or the rules of procedure of parliaments, which envisage the possibility of establishing advisory bodies. Separate legal foundations for citizens’ assemblies exist only in isolated cases, so their formal design is usually based on general rules for obtaining external expertise. Sometimes, citizens’ assemblies are also initiated through project-specific agreements, for instance as pilot projects with a legally clearly defined mandate.
Are the participants of a citizens’ assembly subject to data protection regulations?
Yes, participants in a citizens’ assembly are subject to the protection of the General Data Protection Regulation (GDPR) as well as other relevant data protection laws. There is generally a contractual relationship between the organizer (usually an authority or an organization) and the participants, in which personal data such as name, address, age, or sociodemographic characteristics are processed. The use of this data is subject to strict legal requirements regarding collection, processing, storage, and deletion. Prior to participation, a data protection consent declaration must usually be obtained from the participants. The publication of personal data, such as in consultation protocols, is only permitted in anonymized form or with the express consent of the persons concerned.
Is there a legal obligation to accept an invitation to a citizens’ assembly?
There is no legally binding obligation to accept. Participation in a citizens’ assembly is always voluntary. Selected citizens who are invited to participate may decline this invitation without giving reasons. Legally, there are no sanctions for non-acceptance. Should a citizens’ assembly be structured as a municipal honorary office or under municipal law, there may in rare cases be an honorary duty to participate; however, this is extremely rare in practice and requires a clear legal basis.
What participatory rights do participants have from a legal perspective?
Participants in a citizens’ assembly have the right to take part in discussions, to contribute their opinions, and to vote, provided the concept of the citizens’ assembly envisages this. These participatory rights do not derive from the Basic Law or electoral law, but from the rules and provisions of the particular citizens’ assembly, which are usually determined by a statute or rules of procedure. There is, however, no right to participate in a citizens’ assembly; the selection of participants is random and at the discretion of the organizer. The rights of participants are limited to the discussion- and recommendation-based process and do not have any external legal binding effect.
Are there liability issues in connection with citizens’ assemblies?
Participants generally face no liability risks, as their role is purely advisory and they do not make executive or administrative decisions. The responsibility for further action on the results of the citizens’ assembly legally lies with the contracting authority, usually a political or administrative institution. However, in the event of violations of confidentiality or data protection rules, individual civil or even criminal liability issues may arise. The organizer of a citizens’ assembly is also subject to liability obligations, for instance regarding the proper conduct of the selection procedure and working conditions.
