Light in the government tunnel. Citizens' Legislative Initiative in the Senate

‘I know this project. What is more, for many years in the erstwhile word on all possible occasion, I have called in the Sejm for specified solutions. due to the fact that specified solutions will consequence in an increase in electoral attendance, i.e. an increase in the interest of citizens and citizens in lawmaking," said Deputy Minister of Digitalism Michał Grammar on 7 February at the gathering of the Committee on Petitions in the legislature of Poland.

What kind of task does the Deputy Minister know? This is about the bill on the citizens' legislative initiative, which the Institute of civilian Affairs has prepared.

I will remind you that since 2012 we have been moving a social run "Citizens decide" aimed at strengthening civilian society, among others, by making it easier for Poles and Poles to collect 100,000 signatures under civilian laws. Today, these signatures can only be collected on paper lists. We call for the choice of citizens by introducing the anticipation of electronic signatures over the Internet. Our bill besides includes provisions prohibiting the rejection of the initiative at first reading (they deserve a deeper reflection in parliament), promotion of civilian projects in public media, as well as setting deadlines for initiatives in the Sejm (the liquidation of the alleged “freezer”).

What Poles and Poles Want

According to our research, 72% of Polish and Polish respondents support amending the law introducing the signing of civilian draft laws over the Internet.

In turn, the Institute for marketplace and Social investigation IBRiS conducted nationwide investigation on behalf of the Institute for Direct Democracy in November 2023. 30% of citizens replied "yes", and 34% "more or little so" to the question: Do you think it should be possible for citizens to sign the bill online, e.g. through a trusted profile or electronic signature?

Komorowski and Duda

In 2014 unsuccessfully We tried to get curious in the demands of the run "Citizens decide" by president Bronisław KomorowskiTo whom we have sent our ready-to-use draft amendment to the Act on the exercise of the legislative initiative by citizens. We joined the task "Citizens decide" study – Citizen's Legislative Initiative as a tool for shaping civic attitudes".

In 2017 we submitted more than 223 1000 signatures under the petition "Citizens decide" in the Presidential Palace. We met with Minister Andrzej Dera and Zofia Romaszewski, who informed us that president Andrzej Duda expressed interest in our draft changes.

Minister Andrzej Dera and Zofia Romaszewska at a gathering with representatives of the Institute of civilian Affairs

Later, we spoke to the officials of the President's Chancellery respective times. And September 30, 2021 I met president Andrzej Duda himself And I presented him with our bill.

Strezhinska and Zagórski

It is worth noting that during our campaign, the subject of the citizens' legislative initiative was on the agenda of the Ministry of Administration and Digitisation. The Committee on Administration and Digitisation of the Sejm of the Republic of Poland of the seventh word of office besides undertook the work.

She expressed her support for collecting 100,000 signatures over the net Minister of Digitization Anna Streżyńska in letter to RPO Adam Bodnar 2016: "I kindly inform you that, in the opinion of the Ministry of Digital Affairs, your initiative to guarantee the anticipation of electronic signatures under a citizens' legislative initiative is feasible and worthy of support".

In turn Digital Minister Marek Zagórski wrote in 2018 to RPO Adam Bodnar: "The anticipation of collecting support for civilian draft laws utilizing electronic means of communication and electronic signatures should be assessed as feasible. specified a decision deserves support, but it is essential to make a broad political consensus and to consider all the risks associated with the introduction of this solution, inter alia, related to threats in cyberspace."

Lipovich, Bodnar, Wiącek

The Ombudsmans besides supported our actions. For example Ombudsman Irena Lipowicz (2010-2015) asked the then Prime Minister Donald Tuskso that Polish citizens can besides collect signatures under national laws over the Internet.

"The Ombudsman shall monitor the functioning of the right to a citizens' legislative initiative. It undertakes investigation and analysis in this area. It pays peculiar attention to removing any barriers that citizens may encounter in the exercise of their rights. It besides seeks to support the introduction of fresh solutions that can aid to make them more effective, as is the request to let citizens to sign under a citizens' legislative initiative by electronic means. It is worth noting that this concept was developed by social organisations and the Institute of civilian Affairs played a leading role", he stressed in 2016 Dr Jarosław Kobietnek, Constitutional Law, global and European Ombudsman’s Office.

In turn RPO Adam Bodnar (2015-2021) addressed a general speech to the Prime Minister Beata Szydło, describing the problem and the request for changes to the citizens' legislative initiative citing the expert opinion of the Institute of civilian Affairs: "The proposals for amending the government on the citizens' legislative initiative besides include independent investigation centres. In May 2014, the Institute of civilian Affairs (INSPRO) organised a debate on "Electronic Legislative Initiative – Why is it in the European Union and not in Poland?", while in 2015 published a survey on "Electronic support for citizens' initiatives". Bodnar besides wrote to the Minister of Digitalization Marek Zagórski in 2018. The letter states: "Any form of facilitating citizens' participation in the direct participation of state-forming, in my opinion, is worth examining".

RPO Marcin Wiązek in a letter to Prime Minister Mateusz Morawiecki He noted: “It should be stressed that the request to amend government in this area has been recognised for a long time by independent investigation centres and NGOs working on concrete proposals. It is worth mentioning here, among others, a study and a draft amendment of the Act on the civilian Legislative Initiative prepared by the Institute of civilian Affairs as part of a investigation task implemented in cooperation with the University of Gdańsk and the University of Lodz, financed by the National Centre for investigation and Development". What investigation task are we talking about?

Hoststrateg and NCBR

In 2019-2021, the Institute of civilian Affairs implemented the task "Citizens decide" under the strategical Programme for investigation and improvement "Social and economical improvement of Poland in Globalised Markets" – GOSPOSTRATEG. The task was implemented by a consortium, which we were the leader of. Our partners were: University of Gdańsk – Chair of Constitutional Law and Political Institutions and University of Łódź – Center for Electoral Studies.

The task financed by the National Centre for investigation and improvement resulted in a fresh bill on a citizens' legislative initiative.

We developed it in a squad of experts whose cognition and experience allowed to look at all challenge from many sides. We invited scientists with cognition and academic achievements to work; activists, who failed to collect the required number of signatures under draft laws; organisers of initiatives that met all requirements but collided with the Sejm's regulations or deficiency of support in conducting social debate; legislators with experience gained in the Chancellery of the Sejm, the Government Legislative Centre and the Centre for strategical Analysis of the Chancellery of the Prime Minister.

After the negotiations, the task obtained green light from the Government Legislative Centre, as confirmed by Marcin Olszówka, manager of the Department of Constitutional and Administrative Law RCL.

At this point it is worth noting that the best Polish experts were active in our analytical and investigation activities, among others: Prof. Anna Rytel-Warzacha, Prof. Piotr Uziębło, Prof. Krzysztof Skotnicki, Prof. Marcin Rachwal, Prof. Marcin WiszowatyProfessor Magdalena Musi-Krąg. The correctness of the bill with legislative method was watched by Advocate Vladimir Zając, who was a legislator at the Chancellery of the Sejm (1996-2003), manager of the Office of Correspondence and Information of the Chancellery of the Sejm (2003-2008) and manager of the Department of Social Law at the Government Legislative Centre (2009-2015).

Over organization Divisions

During the 12 years of the social run “Citizens decide” we talked over organization divisions with the Civic Platform, Law and Justice, Left, Polish People's Party, Kukiz’15. We spoke, among others, during the debate "Citizens decide – democracy in coronavirus times" organised in cooperation with the diary of the Republic of Poland and the debate "Citizens Decide – Time to Change" conducted jointly with the diary of the Legal Gazette.

Over the years, we have met many politicians and policy makers from different sides of the political scene.

Among them were Robert Biedron, Andrzej Dera, Piotr Duda, Monika Falej, Hanna Gill-Friday, Władysław Kosiniak-Kamysz, Jarosław Krajewski, Paweł Kukiz, Krzysztof Kwiatkowski, Leszek Miller, Małgorzata Paprocka, Zofia Romaszewska, Jarosław Sachajko, Marek Sawicki, Iwona Szleńska-Karasiańska, Kazimierz Ujazdowski, Andrzej Zybertowicz. Today, after a change of power in parliament, we talk and convince further.

We operate without censorship. We don't advertise, we don't charge for texts. We request your support. Throw yourself in the media.

Hołównia and Gawkowski

On December 15, 2023, we sent a request to the talker of the Sejm of Simon Holownia for a gathering to discuss the anticipation of the Sejm and the legislature adopting, over organization divisions, our draft bill on a citizens' legislative initiative. Szymon Hołownia replied to us on January 12, 2024 – he expressed his desire to get closer to our bill. A letter from the Chancellery of the Sejm states: “The Marshal of the Polish Sejm Simon Holovnia took an interest in the information about the bill on the Citizen Legislative Initiative prepared by the Institute of civilian Affairs. Mr Marshal respects specified initiatives, as they represent an crucial sign of public engagement in the country's fate. The conviction that each of us has a real impact on shaping the surrounding reality strengthens the sense of civic responsibility."

We are presently waiting for the answer of Deputy Prime Minister and Minister of Digitization Krzysztof Gawkowski, to whom we sent a letter requesting the gathering on 21 December 2023.

Soon we will send letters to Agnieszka Buczyńska, Minister for civilian Society and to Katarzyna Szymieleewicz, who was appointed to the Council for Digital Affairs supporting the Ministry of Digitalization and the Committee of the Council of Ministers for Digital Affairs.

Lewandowski and Grammar

Returning to the legislature Committee on Petitions on 7 February this year, 3 cases have brought my attention.

First, Bureau of Analysis, Documentation and Correspondence of the legislature Chancellery in its Analysis Implementation of the legislative initiative by citizens: expanding transparency of reports, expanding the way signatures are collected in support lists citing our bill and report. I am quiet that there are situations, specified as those in which the Polish Parliament does not invent a ellipse again, but uses the expert achievements of NGOs.

The second thing is a letter from the erstwhile Deputy Minister of Digitization from the Government of Law and Justice. Paweł Lewandowski, on October 20, 2023, sent a letter to the president of the Committee on Human Rights, the Law and Petitions of the legislature of Poland explaining the risks associated with the creation of a platform on which citizens could collect 100,000 signatures under civilian laws. On the 3 sides of the translation, which is hard and risky, an authoritative whose occupation is paid for by our taxes, writes: “The complexity of the implementation of the dedicated ICT system, which would let the effective collection of signatures on civilian draft laws, must be highlighted with 1 crucial issue. It is not reasonable for the Government to supply citizens with this IT solution. It can be assumed with large probability that any possible irregularity in the operation of specified a tool, both the actual 1 and the only alleged one, could be utilized to rise public concerns that the government is allowed to effort to manipulate the sphere a citizens' legislative initiative or even prevents it from being implemented. In specified a situation, it would be hard to explain to the public why the Government is liable for the operation of specified an information system. Institution a citizens' legislative initiative, is 1 of the elements of direct democracy and as specified falls within the sphere of independent civic action. This activity is so outside the competence of government authorities." I read this passage twice due to the fact that I didn't believe my eyes. I could comment on that in many different ways. At this point, I will only compose that I am very happy that the Deputy Minister is no longer ruling our country.

The 3rd thing, I was positively amazed by the speech of Deputy Minister of Digitization Michał Gramatyki (Poland 2050) on the legislature Committee on Petitions mentioned. I urge listening to a brief exchange I had with the Deputy Minister.

Here I will quote the most crucial passages of Deputy Minister Michał Gramatyki's speech: “I see the hazard of creating an appropriate platform that there will be a request to make appropriate systems to enable citizens and citizens to sign digitally under legislative initiatives or under lists of support for candidates, candidates for the authorities elected to the Republic. But these are just risks. In my opinion, these risks can be mutated, i.e. a strategy that will let specified signatures to be collected in a seamless way. Poland already has 1 of the most modern systems for confirming alleged electronic identification. We are talking about the strategy gov.pl, about the application mCitizen, about the trusted profile, about that wherever it is possible we besides honor electronic signatures, and in the qualified version, guaranteed by the 3rd party, and in this simplified version – i.e. the trusted profile – guaranteed by the Ministry of Digitization. The only barrier that present separates us from creating specified systems is eIDAS 2 regulation. This is simply a regulation that the European Parliament will issue until the end of this word of office and which will should be implemented into the Polish legal system. (...) At the minute erstwhile the standards that will implement eIDAS 2 will appear in the Polish legal system, 1 can think about creating systems of this kind, in order to make mechanisms of this kind, which we do present in analogical form, i.e. to collect signatures under civilian draft laws or resolutions, or to collect signatures under letters of support for candidates for elected bodies, can be done digitally. So on behalf of the ministry, I wanted to declare that specified a possible is – that first the European Parliament must announce the final content of the eIDAS 2 regulation; then this regulation must be implemented into the Polish legal strategy and after this implementation it will be possible to make mechanisms for transferring these processes, present analogue, to the electronic domain. This will, of course, be a large help. This will include those who cannot sign specified projects today, because, for example, they cannot do it physically, and they will be able to do it electronically. This will consequence in the spread of this kind of activity among citizens and citizens. It is surely easier to do this from the screen of your own computer than physically contacting the individual who collects specified signatures. (..) My presence here is just an expression of respect for those who have been struggling for many years to collect digital signatures under draft laws.”

For the common good

Our work for the common good did not benefit the Sejm in 2012-2023. We believe it will be different this time.

I hope that the bill prepared by us will be adopted by the fresh Sejm, legislature and president over organization divisions.

It is worth recalling at this point the words of president Andrzej Duda, who said after the appointment and oath of Donald Tusk's government: "I believe that the state, like myself, will do everything to guarantee that Poles decide their own matters and their own matters, so that Poland will proceed in Europe as a sovereign and independent state, due to the fact that it is simply a fundamental issue."

At a time erstwhile the digitisation of solutions has accelerated very quickly, and the vast majority of authoritative matters can already be handled via online platforms, it is amazing that the only anticipation of signing the initiative remains by hand to sign the pen on the printed list.

The changes proposed by us – the Institute of civilian Affairs, will give the citizens the right rank of a legislative initiative, will strengthen the process of "sticking" Poland, will besides be a clear sign for Poles and Poles, that their voice is crucial and significant, and their commitment to public matters is very crucial – regardless of political divisions.

What do you think?

I encourage you to reflect and delight comment on: == sync, corrected by elderman == @elder_man

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