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Peru
It was the first country in the world to legislate on Participatory Budgeting in 2003, making them mandatory for all municipalities, provinces and regions. The initial regulatory framework was revised in 2008 and 2009, introducing more precise elements of the methodology, with details for each phase of the process. The mechanism foresees the possibility of co-financing PB projects by the population/civil society, through contributions in labour, materials, money, among others. The PB is provided for in the Constitution of the Republic. PB Framework Law No. 28056 (2003) Law No. 29298 that alters the previous one (2008) Supreme Decree 142-2009-EF (2009) Indonesia
It was the second country in the world and the first on the Asian continent to legislate on Participatory Budgeting in 2004. The PB, locally called Musrenbang, emerges as part of the law defining the National Planning and Development System, where it is referred to as a bottom-up planning and budgeting mechanism. Later, in 2014, a new legislative initiative stipulates that the National Government is obliged to transfer 10% of its revenue to the country's 74,000 villages, giving guidelines for these resources to be locally defined within a PB process. This situation will imply a huge expansion of this mechanism in Indonesia, with very broad statistical implications on the international scene. The legal framework does not define methodological specifications or regulatory mechanisms for PB. However, it provides for the involvement in the process of elements of local governments, professional associations, universities, non-governmental organizations, entrepreneurs, religious leaders, among other active agents of the territories. Law No. 25, which regulates the National Planning and Development System (2004) Law No. 6, so-called "Village Law" (2014) Dominican republic
It was the second country in Latin America to create specific legislation on the subject, more precisely in 2007, with the creation of the so-called "Municipal Participatory Budget System". The legal framework requires all Dominican municipalities to adopt the process, including a detailed methodology and a description of the actions to be taken in each phase. The law also defines that 40% of transfers from the State Budget to each municipality should be allocated to the PB. The PB gained constitutional status in the Dominican Republic in 2010, and was maintained in the revision of the Magna Carta in 2015. Law No. 170-07 (2007) Constitution of the Republic (2015) poland
It was the first European country to legislate on participatory Budgeting at a national level. It was in 2009, through an incentive law, called the Solecki Fund. This law targets the rural areas with the lowest administrative level of Polish local government, offering the possibility to increase the funds allocated to them, provided that these are decided by the population. Further legislative developments in 2018 made PB compulsory in 66 cities, as well as an option for the remaining local and regional governments of the country. This new, variable-geometry legal framework creates the expectation of a gradual change in the PB landscape in Poland in the coming years. The Act on Local Self-Government, Dz.U. 1990, No.16, item 95 The Act on Local Self-Government of the Poviat Level, Dz.U. 1998, No.91, item 578 The Act on Local Self-Government of the Voivodship Level, Dz.U. 1998, No.91, item 576 Journal of Laws of the Republic of Poland - Warsaw, March 12, 2014 Item 301 ACT of February 21, 2014 on the Village Fund panama
It was the third Latin American country and the second in Central America to legislate on the subject, although in a very indefinite way. The law of 2009, which frames the decentralisation process, foresees that the Juntas Comunales - a kind of community council - must prepare their Participatory Budget and deliver it to the Alcalde, by October 15 of each year, to integrate the investments that are their competence in the budget of the Municipality. This law was revised in 2015, with no changes to the previous framework with regard to the PB. This is a reality that deserves better attention in the future. Law 37, which lays down the mechanisms for decentralising public administration (2009) Law 66, that amends the previous law, but maintains the contents referring to the PB (2015) ecuador
Ecuador was the fourth Latin American country and the sixth in the world to legislate on the subject. It was through the creation of an Organic Law on Citizen Participation in 2010 that the implementation of the PB by all regional, provincial and municipal governments was mandatory, and that it should be progressively adopted at the national level. Without defining a specific PB system in this legislation, with details on its methodology, non-compliance in its adoption by any regional, provincial or municipal government may generate political and administrative responsibilities. Organic Law on Citizen Participation Constitution of the Republic South Korea
It is the second Asian country to adopt a national legislation that obliges municipalities to prepare and implement the PB. This is part of the Local Finance Act of South Korea, dated 2011. The defined article does not describe methodological mechanisms or specific actions to be taken. Under the National Finance Law, the legal bases for the Government of the Republic to implement the PB at the national level were established. Local Finance Law National Finance Law portugal
It was the first, and so far, the only country in the world to put in place a national legislation defining the mandatory implementation of the PB by all public schools from the 7th to the 12th year of high school. Thus, it is clear that the legal framework defined is not intended for local government bodies, as was the case in the aforementioned states. The legislation in question, from 2017, is an initiative of the Ministry of Education and sets out the specific methodological procedures that should be adopted by the relevant schools. Ministerial Order 436-A/2017 of the Minister of Education, establishing the Participatory Budget for Schools (2017) Angola
This is the first African country to legislate on PB. The regulatory framework dates from July 2019 and establishes, on the one hand, the annual amount to be transferred from the State Budget for each municipality to apply in the PB, and, on the other, institutionalizes the process at the local level, by outlining the operating rules and the methods to be adopted. According to this legal framework, the PB becomes mandatory for all municipalities and other equivalent administrative entities. Presidential Decree 234/19, of July 22 and Presidential Decree 235/19, of July 22 (2019) |
Country |
Legal Framework |
Type of Framework |
Level of Detail |
Year |
No. of PB Covered |
Other |
Peru |
1) PB Framework Law 28056. 2) Law 29298 that alters the previous one 3) Supreme Decree 142-2009-EF |
1), 2) and 3) Make the PB compulsory for all regional governments, provincial municipalities and district municipalities. |
1) Establishes phases of the process but does not detail the methods. 2) Elaborates some process details and creates new information transparency requirements. 3) Specifies the whole stage-by-stage process approach. |
1) 2003 2) 2008 3) 2009 |
2089 OP: - 25 regions - 195 provinces - 1869 municipalities |
Provides for the possibility of co-financing of projects by civil society, through financial resources, labour, materials, etc.). |
Indonesia |
1) Law No. 25, which regulates the National Planning and Development System.; 2) Law No. 6, so-called "Village Law" |
1) The PB (Musrenbang) is compulsory, as an integral process of the National Planning and Development System; 2) Makes mandatory the transfer of 10% of revenues from the Indonesian State to the villages, giving guidance that this amount should be allocated to the PB process. |
This legislation does not define the methods or any procedures associated with the implementation of the PB. |
1) 2004; 2) 2014. |
1) 514 municipalities are covered by this legislation; 2) Approximately 74,000 villages are covered by this legislation. |
1) The legislation provides for the participation of members of the government, professional associations, universities, non-governmental organisations, entrepreneurs, religious leaders, and others. |
Dominican Republic |
1) Law No. 170-07 2) Constitution of the Republic |
1) Creates the Municipal Participatory Budget System, making the process mandatory for all municipalities. 2) Article 206 establishes that municipal investments shall be made through the progressive development of participatory Budgeting. |
1) Specifies the process approach and describes the measures to be taken in each phase. |
1) 2007 2) 2010 |
1) The country has 159 municipalities, yet only 127 to 135 are implementing the PB. The law does not foresee penalties for offenders. |
The law states that 40% of the amount transferred from the State Budget to each municipality should be dedicated to the PB. The creation of monitoring and maintenance committees for PB projects in each municipality is foreseen. |
Panama |
1) Law No. 37, which lays down the mechanisms for decentralising public administration; 2) Law No.66, that amends the previous law, but maintains the contents referring to the PB. |
1) Article 116 provides that the Juntas Comunales (Community Councils) must prepare their PB, with the investment priorities, which must be delivered to the Alcalde by October 15 of each year, so that it includes in the municipal budget whatever is their responsibility. |
The two legislations in question do not contain any details on the obligations of local bodies or on the methods that the PB should have. |
1) 2009 2) 2015 |
Only 1 PB was found in the assessment, which leaves many doubts about the application of the law. |
none |
Poland |
1) Ustawa z dnia 8 marca 1990 r. o samorządzie terytorialnym (The Act on Local Self-Government), Dz.U. 1990, No.16, item 95. 2) Ustawa z dnia 5 czerwca 1998 r. o samorządzie powiatowym (The Act on Local Self-Government of the Poviat Level), Dz.U. 1998, No.91, item 578. 3) Ustawa z dnia 5 czerwca 1998 r. o samorządzie województwa (The Act on Local Self-Government of the Voivodship Level), Dz.U. 1998, No.91, item 576. 4) Dziennik Ustaw Rzeczypospolitej Polskiej -Warszawa, dnia 12 marca 2014 r. Poz. 301 USTAWA z dnia 21 lutego 2014 r. o funduszu sołeckim (Journal of Laws of the Republic of Poland - Warsaw, March 12, 2014 Item 301 ACT of February 21, 2014 on the Village Fund) |
1) Since 2018, PB becomes mandatory for 66 towns (cities with county rights) and optional for the rest of local governments (although if they want to implement PB, a local law regulation as in general law is required). 2) PB is optional for second tier of local government. 3) PB is optional for regional levels of government. 4) Dedicated to rural areas and to the smallest administrative level, the Solecki Fund Law provides the possibility to separate some money from the local commune budget, that only local inhabitants of auxiliary commune units decide on. |
All 4 diplomas refer some aspects to follow, for example, 1), 2) and 3) mention that a local government shall adopt resolutions specifying requirements for the projects, number of signatures to support projects, rules for evaluation and voting. The Solecki fund regulation (4) mainly refers to the chronogram that has to be followed and how the budgets are calculated. |
1) The Act on Local Self-Government is from 1990, but had new regulation in 2018 to make PB mandatory in a specific type of cities. 2) The Act on Local Self-Government of the Poviat Level is from 1998, but had new regulation since 2018 to introduce the possibility to implement PB. 3) The Act on Local Self-Government of the Voivodship Level is also from 1998 and has the same changes as previous ones. Since 2009 with changes in 2014. |
In 2018, there were 360 towns with PB (1), 10 poviat (2) and 5 regions (3) Approximately 1467 PB processes under Solecki Funds law in 2018 (4). |
none |
Ecuador |
1) Organic Law on Citizen Participation (y/n) 2) Constitution of the Republic |
1) Articles 64 and 67 to 71, among others, state that PB will be implemented immediately in regional, provincial, municipal, special regimes and, gradually, at a national level; 2) In article 100, it provides for the participation of citizens in the preparation of participatory Budgeting at the different levels of government. |
1) The purpose of the Organic Law is to promote, foster and guarantee the exercise of participation rights. No specific legal regimes have yet been created on the PB, as provided for in the Organic Law. |
1) 2009; 2) 2008. |
1) 221 local and 24 regional PB were identified. |
The Organic Law defines that non-compliance with the obligation to carry out the PB will imply the taking on of political and administrative responsibilities. |
South Korea |
1) Local Finance Law (y/n); 2) National Finance Law (y/n) |
1) Lays down the obligation for local governments to prepare and implement the PB; 2) Creates the legal basis for the Government of the Republic to implement the PB at a national level. |
Both legislations do not define any methodological mechanisms or concrete actions to be developed. |
1) 2011; 2) 2017 (latest version). |
1) 243 municipalities; 2) Government of the Republic |
none |
Portugal |
Ministerial Order 436-A/2017 of the Minister of Education, establishing the Participatory Budget for Schools. |
Sets out the compulsory nature of the PB for public schools with primary and/or secondary school children. |
The Order specifically outlines the PB approach that schools should adopt. |
2017 |
1550 schools. According to data from the Ministry, some 90% of the schools are adopting the PB. |
This is an initiative of the Government of the Republic that links public schools with students in the 3rd cycle of primary and/or secondary education to make the PB. |
Angola |
1) Presidential Decree 234/19, of July 22; 2) Presidential Decree 235/19, of July 22. |
1) Establishes the annual amount to be transferred from the state budget for each municipality to dedicate to the PB; 2) It institutionalises the PB at the municipal level and defines the rules of operation and the methodology of the process. |
The decrees specifically set out 1) the value to be allocated to the PB in each municipality, and 2) the methodology of the process, with the different phases and actions to be developed. |
Both Decrees are of July 22, 2019 |
It covers the 164 Angolan municipalities. |
none |
These nine countries represent between 6773 to 6801 Participatory Budgeting cases, which correspond to approximately 58% of the world total. This is, undoubtedly, the element that has had the greatest influence on the significant expansion of these processes. Without these impositions and incentives, the universe of PB would be from 4917 to 5024 initiatives.
This can act as a kind of barometer to help measure the political will that underpins the development of PB worldwide. This supports a little over 40% of the current active cases, significantly reducing the spread of this phenomenon, with different implications for different continents. It is true that the laws dedicated to PB also result from the political will of the legislator but not necessarily of the implementers.
The displayed data show some curious trends:
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