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<\/figure>\n\n\n\n\nJustification\nand legal background<\/h2>\n\n\n\n
\nThis\nAct entails the continuation of a path that began at European level\nin 2001 with the Charter\nof Fundamental Rights of the European Union<\/a>,\nthe reflections of the White Paper on European Governance, and the\nRecommendation on the participation of citizens in local public life.<\/p>\n\n\n\n \nThe\nSpanish\nConstitution<\/a>\n(1978) includes, in its article 9.2, the duty of public authorities\nto promote citizen participation, facilitating it for \u201call citizens\nin political, economic, cultural and social life\u201d. It is also\nreferenced to in article 23.1, where the right of participation in\npublic affairs either by directly or representation is stated.<\/p>\n\n\n\n \nIn\nour renewed\nStatute of Autonomy<\/a>\n(2007) there are also numerous references to citizen participation:\nArticle\n10.3.19\u00aa<\/a>\ndirectly stated citizen participation as an objective of the\nAutonomous Community for an advanced and participatory social\ndemocracy. In fact, this idea appears transversally through the\nentire text. In Article\n30<\/a>\nthis principle is specified as the right not only to elect their\nrepresentatives, but also to promote and present legislative\ninitiatives and participate in the drafting of laws, to promote calls\nfor referendums, individual and collective petitions, in writing, and\nto actively participate in Andalusian public life through proposals.<\/p>\n\n\n\n \nThis\nright for Andalusians, as set out in section\n2 of article 30<\/a>\n, also extends to European citizens and foreigners residing in our\nterritory. In Article\n31<\/a>\ncitizen participation as part of the right to good administration it\nis included, as well as the right of access to public information,\nwhich connects with the principle of government transparency. These\naspects are also mentioned in article\n134<\/a>\nwhere reference is made to the institutional functioning of the\nAdministration of the Junta de Andaluc\u00eda, as well as in article\n138<\/a>,\nwhere the need to evaluate public policies is discussed.<\/p>\n\n\n\n \nThe\n7\/17 Act is framed within the autonomous competences in citizen\nparticipation and therefore it is included in the Statute of Autonomy\nwhen, in article\n78<\/a>,\nthe competence is expressed in matters of popular consultations\nexclusively for the regional and local administrations. Likewise,\nboth article\n46<\/a>\nand article\n60<\/a>\nstate the competence in the matter of self-government, of local\nautonomy.<\/p>\n\n\n\n \nOther\nprevious laws have cleared the ground for the appearance and\ndevelopment of 717, such as the\n2\/2001<\/a>\nAct on the regulation of local popular consultations in Andalusia,\nthe\n8\/2011<\/a>\nAct on the Popular Legislative Initiative and Town Halls<\/a>\n, known as \u201cthe law of the 110 seat\u201d, regarding the reform of the\nRegulation of the Parliament of Andalusia to modify its article 125\nand allow the presentation of popular legislative initiatives and,\nespecially, the\n1\/2014<\/a>\nAct of Public Transparency of Andalusia.<\/p>\n\n\n\n \nAt\na local level, the\n7\/1985 Act on Bases of Local Regime<\/a>\nand the\n5\/2010 Act of Local Autonomy of Andalusia<\/a>,\nboth pioneers in guaranteeing the right to citizen participation, are\nlaws of reference. In the first one, there was already a mention\nabout participation in local management and collaboration with\nneighbours in its article\n18<\/a>\n, as well as about the ways of exercising participation as a\nself-managed organisation in article\n69.2<\/a>\n. The second one lists, in its article 9, its own competences, among\nwhich is the establishment and development of citizen participation\nstructures, which relates to the use of new technologies.<\/p>\n\n\n\n \nThe\nwork of some pioneer municipal governments has been fundamental to\nreach this Act. One of the most widespread and consolidated\nparticipatory practices in Andalusia is that of participatory\nbudgets, in which the Declaration\nof Antequera de 2008<\/a>\nconstitutes an important precedent.<\/p>\n\n\n\n \nIn\nthis sense, the importance of citizen participation as a legal\nprinciple and legal right is evident. The 717 Act,<\/p>\n\n\n\n \n\u201c\u2026 Within\nthe limits established by the Spanish Constitution, aims at promoting\nthe real and effective participation of everyone, along with the\ncurrent context and citizen demand for more democracy, as legitimate\nsocial and political aspirations expressed throughout the process of\ncontributions described above developed to develop this law. \u201d<\/em><\/p>\n\n\n\n \nThe\n717 Act thus intends to develop the processes, practices and\ninstruments for participatory democracy, which complement the\nrepresentative, while, at the same time, permanent channels of\ninteraction between government and citizens can be articulated.<\/p>\n\n\n\n \nThe\nmain purpose of the 717 Act is the regulation of the right of citizen\nparticipation in the direction of autonomous and local public affairs\nin Andalusia, in a real and effective manner, and on equal terms,\ndirectly or through the entities recognized for citizen\nparticipation, as well as the promotion of such participation, and\nalways within the legal framework established at all administrative\nlevels. This includes the right to fully participate in public\ndecisions derived from the government and administration of the\nAutonomous Community and local Andalusian entities. The 717 Act\ncontemplates the following purposes:<\/p>\n\n\n\n \nThis\nAct will have effects on every administrative and government levels\nof the Autonomous Community and local entities of Andalusia, applying\nto the Administration of the Junta de Andaluc\u00eda, its agencies, the\nentities that make up the Andalusian local Administration and the\nentities dependent on them.<\/p>\n\n\n\n \nThe\nbasic principles of this Act are:<\/p>\n\n\n\n \nThe\nright to citizen participation is defined as such in article 6 as\nfollows:<\/p>\n\n\n\n \nAll\ncitizens, with the ability to act in accordance with the basic rules\nof common administrative procedure, who have the political status of\nAndalusians, and foreign people residing in Andalusia have the right\nto participate in the process of directing public affairs that are\nthe responsibility of the Autonomous Community of Andalusia and the\nAndalusian local entities, under the terms set forth in this law.<\/em><\/p>\n\n\n\n \nAccording\nto Article 2, citizen participation may be exercised directly or\nthrough citizen participation entities, which are:<\/p>\n\n\n\n \nThe\nobligations of the Andalusian public administrations in citizen\nparticipation are:<\/p>\n\n\n\n \nAccording\nto article 10, citizen participation processes are:<\/p>\n\n\n\n \nthe\nset of actions, procedures and instruments ordered and sequenced in\ntime, developed by the Andalusian public administrations in the scope\nof their powers, to enable the exercise of the right of citizens to\nparticipate, under conditions of equality and in a real way and\neffective, individually or collectively, in the direction and\nmanagement of regional and local public affairs.<\/em><\/p>\n\n\n\n \nIn\nthese processes, the principle of local autonomy will be guaranteed,\nalways complying with the legal system and the powers attributed. The\ndifferent types of citizen participation processes are:<\/p>\n\n\n\n![\"\"](\"https:\/\/laboratorio717.org\/wp-content\/uploads\/2019\/10\/image-1024x768.jpeg\")
<\/figure>\n\n\n\n\nPurposes<\/h2>\n\n\n\n
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<\/figure>\n\n\n\n![\"\"](\"https:\/\/laboratorio717.org\/wp-content\/uploads\/2019\/10\/image-1-1024x790.png\")
<\/figure>\n\n\n\n\nRights\nand obligations<\/h2>\n\n\n\n
\nCitizen\nParticipation Processes<\/h2>\n\n\n\n