Public participation in the context of "Civil service reform in developing countries"

Procedural law, adjective law, in some jurisdictions referred to as remedial law, or rules of court, comprises the rules by which a court hears and determines what happens in civil, lawsuit, criminal or administrative proceedings. The rules are designed to ensure a fair and consistent application of due process (in the U.S.) or fundamental justice (in other common law countries) to all cases that come before a court.

Substantive law, which refers to the actual claim and defense whose validity is tested through the procedures of procedural law, is different from procedural law. In the context of procedural law, procedural rights may also refer not exhaustively to rights to information, access to justice, and right to counsel, rights to public participation, and right to confront accusers, as well as the basic presumption of innocence (meaning the prosecution regularly must meet the burden of proof, although different jurisdictions have various exceptions), with those rights encompassing general civil and political rights. In environmental law, these procedural rights have been reflected within the UNECE Convention on "Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters" known as the Aarhus Convention (1998).

The right to public participation is a human right enshrined by some international and national legal systems that protects public participation in certain decision making processes. Article 21 of the Universal Declaration of Human Rights states the right of every person to participate in the affairs of his country, either directly or by selecting representatives. Likewise, the right to political participation means the right under which the ruling authority is committed to providing rights to citizens, including the right to nominate and elect representatives, to hold public office in accordance with the principle of equal opportunities, to participate in private and public meetings, and the right to form and join political parties. Article 25 of the International Covenant on Civil and Political Rights makes a similar declaration about the right to participate in the management of public affairs and in periodic elections.

In some jurisdictions, the right to public participation is enshrined by law. The right to public participation may also be conceived of as human right, or as manifestation of the right to freedom of association and freedom of assembly. As such the Netherlands, Germany, Denmark and Sweden, have public participation and freedom of information provisions in their legal systems since before the Middle Ages. Democracy and public participation are closely connected democratic societies have incorporated public participation rights into their laws for centuries. For example, in the US the right to petition has been part of the First Amendment of the US constitution since 1791. More recently, since the 1970s in New Zealand numerous laws (e.g.: health, local government, environmental management) require government officials to "consult" those affected by a matter and take their views into consideration when making decisions.

The UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters, usually known as the Aarhus Convention, was signed on 25 June 1998 in the Danish city of Aarhus. It entered into force on 30 October 2001. In april 2023, it had 49 parties—48 states and the European Union. All of the ratifying states are in Europe and Central Asia, with the exception of Guinea-Bissau. The EU has begun applying Aarhus-type principles in its legislation, notably the Water Framework Directive (Directive 2000/60/EC). Liechtenstein and Monaco have signed the convention but have not ratified it.

The Aarhus Convention grants the public rights regarding access to information, public participation and access to justice, in governmental decision-making processes on matters concerning the local, national and transboundary environment. It focuses on interactions between the public and public authorities.