Public Consultation as an Institutional Bridge for Regulated Lobbying

The term "public consultation" is defined in Article 2 of the Law on Transparency in Public Decision-Making Processes and Related Matters of 2022 (Law 20(I)/2022) as "the public dialogue aimed at recording opinions and suggestions on matters of common interest, in which state services or the broader public sector, responsible for implementing and carrying out the issues under discussion that pertain to the executive and/or legislative authority, participate, along with state services and social partners who are affected, either directly or indirectly, by their implementation."

Public consultation is perhaps one of the most critical—and at the same time most misunderstood—concepts in modern public administration. The public consultation process is an integral part of improving the regulatory framework for policy-making. Although it constitutes a fundamental pillar in the decision-making process, it is often treated merely as the expression of opinions or, worse, as a procedural formality devoid of real substance.

In reality, public consultation is something far deeper: it is the institutional tool that bridges administration with society, politics with citizens, and the state with field expertise. It is the point where decision-making acquires legitimacy through dialogue and where lobbying finds institutional and democratic expression. The Organisation for Economic Co-operation and Development (OECD) offers a particularly essential and comprehensive definition: "Public consultation involves the active seeking of opinions from groups affected by the issue under consultation. It is a two-way flow of information that can occur at any stage of legislative work, from the identification of the problem to the evaluation of existing legislation. Consultation is distinct from the continuous trend of information gathering aimed at facilitating the drafting of higher-quality legislation." This definition emphasizes the essence of consultation not as a "moment" but as a continuous and living process that empowers public policy.

It is worth noting that as of January 4, 2024, the e-Consultation platform (e-consultation.gov.cy) has officially been launched, serving as the central point for the conduction of public consultations by entities of the public and broader public sector. Its goal is to enhance the participation of citizens and organizations in the legislative process and to promote transparency.

The platform offers real-time access to all stages of the consultation—from the invitation and comments to the final outcomes—and features easy search functionalities and interactive participation tools. At the same time, it strengthens dialogue between citizens, the private sector, and public authorities, promoting accessibility and open governance.

It is important to clarify that, according to Law 20(I)/2022 "On Transparency in Public Decision-Making Processes (lobbying)," public consultation procedures are excluded from its scope. Public consultation is a legally institutionalized participation tool within regulatory and administrative procedures and is not considered an exercise of influence in favor of specific interests. Therefore, participation in consultations—whether by citizens, organizations, or professional bodies—does not require registration in the Register of Professional Lobbyists, nor does it entail the obligations that apply to lobbyists. This exemption ensures that public consultation remains open and inclusive, enhancing democratic participation without bureaucratic barriers.

For consultation to truly serve the public interest, it must be governed by four fundamental principles: inclusiveness, ensuring the meaningful involvement of all relevant stakeholders and citizens; transparency and accountability, clarifying the processes and the impact of suggestions; effectiveness, ensuring the process leads to substantive results and not merely symbolic actions; and coherence, integrating consultation organically into policy-making and implementation without fragmented or temporary interventions.

When conducted meaningfully, consultation is the most democratic tool we possess. It is the institutional space where civil society, professional bodies, lobbyists, research institutions, and all interested parties can articulate well-founded positions. To the extent that consultation is carried out timely, according to rules of transparency, and with a genuine intention to incorporate opinions, it strengthens both the legitimacy and quality of legislation.

Public consultation is the most common form and requires heightened transparency, formality, and broader public dissemination, through official documents, timelines, and open procedures that invite public participation. It is used either from the beginning when the subject allows, or at a second stage when a previous targeted approach has not yielded consensus.

In a modern European rule-of-law state, transparency and accountability are fundamental values. The meaningful participation of citizens in policy-making and public consultations strengthens democracy and contributes to building trust between society and the state.

Currently under consideration is the draft law "On the Public Consultation Process Law of 2022," which is expected to be approved within 2025. This proposal seeks to enshrine public consultation with legal force, formally regulating participation in the formation of policies, bills, regulations, strategies, and programs. The aim is to enhance the effectiveness of public dialogue and ensure the participation of all involved stakeholders and citizens.

In Cyprus, despite progress and the existing legal framework, the concept of consultation is often downgraded, either because it is approached as a matter of "formal compliance" or because of a lack of political will to meaningfully respond to suggestions. This is precisely where the focus must be: transforming consultation from a "checkbox" in a procedure into a central field of dialogue and co-creation.

We need a political culture that understands consultation both as an inalienable right and as a tool of collective intelligence. For democracy to mature in our country, the use of the word "consultation" must mature as well—not as an empty word in press releases, but as a living practice that permeates public administration, political leadership, and society. A democracy that consults is a democracy that respects. And a state that listens is a state worthy of trust.

Evie Theocharous, Policy Officer, Zenox Public Affairs

In the press:

Η διαβούλευση ως θεσμική γέφυρα για το ρυθμισμένο lobbying | Philenews