[25 OCT 2008]

Dear all,

The Council of Europe (www.coe.int) is finalising a rather important document meant to become a policy recommendation to its member states (47) on eDemocracy

The Draft Recommendation is being compiled and prepared by a group of experts and country representatives participating at the Council of Europe Ad'Hoc eDemocracy Committee (CAHDE)

During the last discussion of this Committee (in Madrid, during the Forum for the Future of Democracy, 15-17/10/2008) it was decided that the document should be diffused to all eDemocracy related Networks to get feed back and comments.

It is one of these rare opportunities we have to really influence policy, moreover on a domain that is presumably of interest to all of you.

Have your say Today!

Christoforos Korakas
ict4democracy

~~DRAFT VERSION OF THE RECOMMENDATION ON E-DEMOCRACY~~

Recommendation on e-democracy by an international organisation to states recommending to:

1. Consider making use of the opportunities that e-democracy offers in order to strengthen democracy, democratic institutions and democratic processes;

2. Comprehend and implement e-democracy as the support and enhancement of democracy, democratic processes and democratic institutions by means of ICT, and linked to the engagement and re-engagement of citizens in democracy;

3. Introduce, develop and, if applicable, review their e-democracy polices, legislation and practice in the light of the principles and guidelines appended to and constituting an integral part of, this Recommendation;

4. Consider, when introducing and expanding e-democracy, to make use of the series of indicative guides, annexed to this Recommendation;

5. Work, in co-operation with the appropriate local, regional, national and international partners and stakeholders, to develop concepts and standards of e-democracy that uphold human rights, democracy and the rule of law;

5a. When introducing, implementing and reviewing e-democracy, ensure that it:
- fully complies with human rights obligations and commitments, and the principles of domestic organisation of democratic government;
- enhances the effectiveness of democracy, democratic institutions and democratic processes;
- is additional, complementary to and interlinked with traditional processes of
democracy, so as to widen the choices available to the public for engaging in political processes;
- maintains and enhances citizens’ trust in democracy, democratic institutions and democratic processes;
- ensures, supports and enhances transparency, accountability and responsiveness; engagement and deliberation; inclusiveness, accessibility and participation; subsidiarity, and social cohesion;
- provides opportunities for meaningful and effective public deliberation and
participation in all stages of the democratic process, responsive to people’s needs and priorities
- is based on and implements the, concepts of comprehensive and active information and a broad understanding of citizenship;
- is attentive to the challenges, risks and barriers to e-democracy by addressing and overcoming them, including by solid risk-assessment and risk-management measures and mechanisms for ongoing evaluation and evolution;
- contributes to narrowing the digital divide by means of an inclusive and nondiscriminatory approach and by empowering people through supporting education and training as well as public information measures;
- supports and enhances access and accessibility as well as interoperability by using, where feasible, technology neutral solutions, open source solutions and open standards and specification; and
- is embedded in rules and regulatory frameworks, including those by regulation of public authorities, co-regulation, or self-regulation.

6. Fully implement respective Council of Europe Recommendations, including in particular Recommendation Rec(2004)11 of the Committee of Ministers to member states on legal, operational and technical standards for e-voting and Recommendation Rec(2004)15 of the Committee of Ministers to member states on electronic governance (“e-governance”).

7. Bring this Recommendation to the attention of all relevant stakeholders of the public and civic domains as well as media and business, and encourage and support them in taking all necessary measures to contribute to the implementation of its objectives.

8. Disseminate this Recommendation and its Appendix widely, where appropriate accompanied by a translation.

Tasks for the international organisation's secretariat

• to include, where appropriate, e-democracy aspects into the organisation's democracy projects and into the work of other sectors as well as of its field offices, in relation both to external and internal activities.

Principles of e-democracy

Stakeholders when embarking upon or improving electronic measures of democracy, should take into account the following principles on e-democracy:

P.1 E-democracy is primarily about democracy. Its main objective is the electronic support of democracy.

P.2 E-democracy is additional, complementary to and interlinked with, traditional processes of democracy.

P.3 E-democracy is based upon the democratic, human, social, ethical and cultural values of the society where it is implemented.

P.4 E-democracy is closely linked to good governance. (E-governance is the democratic, efficient, effective, participatory, transparent and accountable exercise of power in electronic form, including informal politics and non-governmental actors.)

P.5 E-democracy is an opportunity to enable and facilitate better information and deliberation, increased citizen participation for broader political debate, and for attempting to reach better and more legitimate political decisions.

P.6 E-democracy concerns all sectors of democracy, all democratic institutions, all levels of government, and a wide range of other participants.

P.7 Stakeholders of e-democracy are all persons and institutions involved in and benefiting from democracy.

P.8 Any type of participation can be implemented with e-democracy: information - communication, consultation, deliberation - transaction, empowered participation, co-decision and decision.

P.9 E-democracy can be implemented at various degrees of complexity, in different types of democracy and at different stages of development of democracy. It is not linked or leading to, a specific type of democracy.

P.10 E-democracy can be of particular benefit to regions across national boundaries encompassing territorial political entities of different countries, and their institutions; persons living in different countries and sharing the same linguistic or cultural identities; and participation and decision-making processes of international institutions.

P.11 The goals of e-democracy - similar to those of good governance - are transparency, accountability and responsiveness; engagement and deliberation; inclusiveness, accessibility and participation; subsidiarity, trust in democracy, democratic institutions and democratic processes, and social cohesion.

P.12 E-democracy is one of several strategies to enhance individual and group participation which can lead to a more participatory form of democracy and to a more participatory form of decision-making.

P.13 E-participation is the support and enhancement of democratic participation and thus encompasses those sectors of e-democracy where citizens are involved in formal and informal agenda- and decision-shaping and -making.

P.14 E-democracy in itself leaves unaffected the constitutional and other duties and responsibilities of decision-makers; it can bring additional benefits to them.

P.15 E-democracy requires information, dialogue, communication, deliberation, and the ongoing formation of public spheres where citizens meet to exercise their civic interests.

P.16 Media play a crucial role in e-democracy, including providing space where citizens can engage in public debate and represent their own interests in public spheres.

P.17 E-democracy is embedded in the information society, which provides a range of traditional and innovative tools applicable and useful to democratic processes and institutions.

P.18 Access to the new information and communications environment can facilitate the exercise of democratic rights and freedoms, in particular participation in public life and democratic processes. It can also encourage freedom of expression and information by the media and by the general public.

P.19 In order to have e-democracy properly designed, besides respecting and implementing fundamental freedoms, human and minority rights, including in particular the freedom of and access to information, the following concepts have to be implemented:
- comprehensive and active information - aiming at providing the public with balanced and objective information to assist them in understanding problems, alternatives, opportunities and/or solutions of democratic issues, which is closely linked to freedom of information and freedom of speech;
- a broad understanding of citizenship - encompassing persons permanently residing and integrated within the boundaries of a political entity, irrespective of their nationality;
- citizens’ participation - i.e. the involvement of citizens in public matters, with the purpose of exerting influence and improving the quality and acceptability of the results of democratic processes;
- empowerment - policies and measures in support of rights and resources for
participation;
- inclusion - i.e. the political and technological empowerment of citizens irrespective of their age, gender, education, language, special needs and residence into e-democracy, consisting of the ability to use - knowledge, access, e-skills, e-readiness - and of the availability and accessibility of e-tools.
- deliberation - i.e. is a rationality-driven debate amongst equals, where citizens
publicly discuss, validate and criticise each other’s points of view by conducting a reflective, respectful discussion, in respect of an issue and possible action to solve a problem.

P.20 E-democracy can result in a form of democracy which can be seen and observed, accessed, and interacted with from anywhere by all stakeholders.

P.21 E-democracy can bring together policy makers and citizens in new forms of engagementand policy-making, which increases the public understanding of democracy and the citizens' identification with the democratic polity. This, in turn, can lead to a higher regard of and strengthened trust in, democratic institutions by citizens.

P.22 By opening new ways of information, communication, deliberation and participation as well as by enhancing transparency and accountability, E-democracy possesses the potential to address shortcomings in democratic institutions and processes.

P.23 E-democracy carries high potential for community building, including of and with minorities.

P.24 By providing means to reduce exclusion, e-democracy can foster social integration and social cohesion and thus contribute to social stability.

P.25 The increasing European, international and global character of politics and the resulting cross-border collaboration can de facilitated by e-democracy.

Sectors of e-democracy

P.26 E-democracy encompasses in particular e-Parliament, e-legislation, e-justice, e-mediation, e-environment, e-election, e-referendum, e-initiative, e-voting, e-consultation, e-petitioning, e-campaigning, e-polling and e-surveying.

P.27 E-Parliament is the use of ICT by elected representative assemblies, their members and political and administrative staff, in the conduct of their tasks actively involving citizens. EParliament regards legislative, consultative and deliberative assemblies at international, national, regional and local levels, and has many stakeholders: members, political and administrative staff, electors, citizens, and media. E-Parliament encompasses, inter alia, aspects of e-legislation, e-voting, e-petitioning and econsultation, and can provide for better information and communication management of members, staff and administration, and for contact with citizens. While e-Parliament underpins the principle of representative democracy, it can offer tools to change the culture of representation towards a more inclusive, deliberative and participatory form of democracy.

P.28 E-legislation is the use of ICT for drafting, commenting upon, consulting, structuring, formatting, submitting, amending, voting and publishing of acts of elected assemblies. Elegislation allows for improved procedural legislative transparency, better quality legislation in respect to its substance and readability, better access to legislation, and thus enhances popular knowledge of legislation.

P.29 E-justice is the use of ICT in the conduct of justice by all stakeholders of the judiciary, in order to increase the efficiency and quality of public service in particular with regard to citizens and business. It consists, inter alia, of electronic communication and data exchange as well as access to judicial information. As the judiciary constitutes a main component of democracy, e-justice is an essential component of e-democracy, with its main goals being the increase of efficiency and quality of justice. Access to justice represents one element of access to democratic institutions and processes.

P.30 E-Mediation allows for anonymous mediation between different parties by electronic means.

P.31 E-environment is the use and promotion of ICTs for environmental assessment and protection, for spatial planning, and for the sustainable use of natural resources - including public participation. Using ICT as a means of establishing or enhancing public participation can improve the democratic governance of issues relating to the environment.

P.32 E-election, e-referendum, e-initiative are political elections or referenda or initiatives in which electronic means are used in one or more stages.

P.33 E-voting is an election or referendum that involves the use of electronic means in at least the casting of the vote.
Remote e-voting allows for faster and electronically monitored and registered procedures as well as for easier participation from greater distances and by persons with special needs. The Committee of Ministers of Council of Europe adopted on 30 September 2004 the Recommendation Rec(2004)11 of the Committee of Ministers to member states on legal, operational and technical standards for e-voting.

P.34 E-consultation is a way of collecting opinions of designated persons or the public at large on a specific policy issue without necessarily mandating the decision maker. There are various forms of e-consultation, formal and informal, public authority-regulated and unregulated. E-consultation can invite and collect various opinions whilst providing an inclusive space for deliberation, or to simply follow the debate, and provide direct or indirect influence upon
decisions.

P.35 E-initiatives allow citizens to develop political proposals and thus engage in political agenda-setting.

P.36 E-petitioning is the electronic delivery of a protest or recommendation to a democratic institution, with citizens signing on and possibly deliberating a petition by adding their name and address online. As with petitions to Parliament in general, there are various forms of epetitions. E-petitions facilitate citizens' input - and its discussion and deliberation amongst citizens - to Parliament and other democratic institutions.

P.37 E-campaigning is engaging in a co-ordinated way, by electronic means, with people and encouraging people to engage with each other in order to mobilise and/or convince individuals in electoral and other campaigns to promote causes, endeavouring to directly or indirectly influence the shaping or implementation of public policies. E-campaigning allows for e-electioneering, i.e. e-campaigning in relation to elections, and eadvocacy, i.e. e-campaigning in relation to other issues.

P.38 E-polling / e-surveying allows for the informal electronic collection of opinions from random or selected persons, usually structured around a proposition and a set of response options.

P.39 In order to understand further terms of and relating to e-democracy as used in this Recommendation, a glossary is attached.

A multi-stakeholder approach

P.40 E-democracy, as democracy, regards and involves many and different stakeholders and consist of their co-operation. Member states, public authorities and their representatives alone are only part of the stakeholders of e-democracy. Citizens, civic society and their institutions, politicians and political institutions, the media and business(persons) are equally indispensable in constructing and implementing e-democracy.

P.41 Recommendations on e-democracy can thus not be limited to government only but have to embrace all stakeholders of e-democracy.

Technology

P.42 ICT has led to major changes within the structure and culture of communication, which have to be taken into account of when designing or redesigning democratic institutions and processes.

P.43 While e-democracy is dependent on modern and adapted ICT, more and better technology itself does not lead to more and better democracy.

P.44 Technology is an enabler, not a solution; a tool that can support and enhance democratic processes.

P.45 Technology is of secondary importance to democratic considerations. It must not be the reason for introducing e-democracy.

P.46 Technology is not neutral but carries in-built values and methodology. A general awareness of the characteristics of technology is necessary and has to be promoted.

P.47 The responsibility for the technology used lies with the institution running the edemocracy tool. The suitability of ICTs to perform securely is of prime concern.

P.48 The use of open source solutions can help facilitate trust.

P.49 The use of open standards and specification, respectively, promotes interoperability.

P.50 An environment-friendly, sustainable "green technology" fits well in the framework of democracy.

Introduction of e-democracy

P.51 The introduction of e-democracy can be undertaken by any stakeholder. It can be initiated top-down, i.e. public authority-initiated at all levels of government, or bottom-up, i.e. citizens-initiated. Both approaches have specific merits.

P.52 The introduction of e-democracy has to take into account political characteristics and culture, and can be undertaken in order to emphasise a specific type of democracy or specifically defined democratic values.

P.53 E-democracy requires a balanced mix of factors including the will to engagement, the quality of the process and its tools and the reflexion of its results.

P.54 The introduction and implementation of e-democracy and individual measures requires expertise from a broad range of fields and is best undertaken in a gradual way, accompanied by sound methodology, as well as by reporting, monitoring and evaluation mechanisms.

P.55 E-democracy flourishes best where there is political will and leadership to make it work effectively through necessary structural changes for the introduction and functioning of edemocracy which takes expressed opinions into account. The integration of ICT into democratic processes usually requires structural transformations and procedural reengineering.

P.56 E-democracy requires inclusion, i.e. helping stakeholders to acquire the ability to use etools and supporting the availability of such tools, while recognising that there will be "unable willing" and "able unwilling" who may require special help and efforts.

P.57 The impact of e-democracy is dependent on the democratic character of the state and public authorities, respecting and safeguarding fundamental, human and minorities' rights,
and encouraging democratic processes including active political participation.

P.58 International co-operation can greatly improve the development, introduction and evaluation of e-democracy of individual public or civic entities.

Enablers, challenges, barriers and risks

P.59 Enablers of e-democracy can be initiatives by any stakeholder on the one hand, and factors conducive to the introduction and operation of e-democracy on the other, such as new ICTs and ICT readiness, government and citizens interest, legislation and regulation, adequate resources, a developed civil society, and initiatives to enhance democracy.

P.60 The challenges, barriers and risks to e-democracy can take many forms such as political, legal, organisational, technological, economic, financial, social or cultural. They need to be addressed, overcome and safeguarded against.

P.61 Challenges to e-democracy include the will and ability of citizens and politicians to engage in democracy by electronic means, adequate, changing and trusted technology, expertise and co-operation across various areas of competence, and timely and expert regulation.

P.62 The potential barriers to e-democracy include, on the supply side, issues around differing understandings of democracy, resources, organisational constraints and structural limitations, and, on the demand side, different interests and reservations by different stakeholders.

P.63 Risks of e-democracy are linked to the technical and political misuse as well as to the undemocratic denial of opportunities provided by ICT. Safeguards and sanctions against such misuse are necessary.

Rules and regulatory frameworks

P.64 E-democracy requires rules and regulatory frameworks. Regulation on e-democracy concerns empowerment and safeguarding. Regulation can take various forms and be undertaken by a variety of actors at various levels, including by public authorities, providers of tools and by users themselves. Only a balance between rights of access and safeguards can guarantee and protect citizens’ interests.

P.65 The human rights standards developed within the United Nations and the Council of Europe, among other inter-governmental organisations, constitute a set of internationally adopted norms relevant and applicable to e-democracy.

P.66 With respect to the realities of today's ICTs and their tools existing international and domestic rules may have to be adapted or enriched or new rules created and implemented.

P.67 Security issues are of major concern to e-democracy and encompass information security, data security - including compliance with data protection requirements -, document security, voting security, internet security, networking security and information system security.

P.68 E-democracy requires attention to standardisation and interoperability. Standardisation in areas such as terminology, document formats, applications and architecture can facilitate interoperability.

P.69 Standardisation of terminology can greatly help popular and common understanding of terms as well as trans-border understanding of decisions and documents of democratic institutions.

Guidelines on e-democracy

In implementing the principles above, any stakeholder should take into account the following guidelines which are focused on e-democracy in general including in particular its democracy aspects, but excluding aspects of administrative and purely service-oriented e-government (E-government (e-administration, e-services) is the delivery of public administration at all levels by the use of ICTs in order to enhance effectiveness and efficiency of public administration and the country itself, and is closely linked to changes in concepts, procedures and skills of service provision by administration.):

G.1 When introducing, reviewing and improving e-democracy, the focus should be on democracy and its stakeholders - not on technology.

G.2 Technology should not be the reason nor driver of e-democracy, but democratic institutions and citizens should be and remain responsible for e-democracy processes and tools.

G.3 E-democracy should bring benefits to democracy and to the stakeholders. Such benefits should be evident to stakeholders, in particular to citizens.

G.4 In order to enhance traditional political processes, e-democracy measures should supplement and be compatible with and embedded in, non-electronic forms of democratic engagement and participation (multi-channel approach). On-line devices, in order to become broadly used, require appropriate off-line support.

G.5 The choice of specific tools should reflect democratic, human, social, ethical and cultural values.

G.6 E-democracy should allow for more citizens' input into agenda-setting, analysis, formulation, implementation and monitoring of policy.

G.7 E-democracy, by overcoming barriers of space and time, should create opportunities for same time political information and communication and close deliberative contacts amongst many persons from different locations, and can thus create new democratic activities.

G.8 E-democracy should encompass a wide range of fields including legislation, meeting and voting management, information and knowledge collection, management and sharing, as well as documentation and archiving.

G.9 Stakeholders of e-democracy should include in particular government at all levels, politicians, elected representatives, political parties, civil servants, citizens, electors, members of (public law) corporations and associations, civil society, NGOs, media, business including providers of infrastructure.

G.10 The introduction of specific measures has to take into account the stage of development of civil society, the general level and way of communication between public authorities and citizens, and the stage of the information society in the specific country.

G.11 Transparency should encompass transparency in the participation process itself at all political levels, transparency at all stages of deliberation and the decision-making process, and transparency of the implementation and its monitoring and evaluation.

G.12 Reaching out electronically should concern many aspects including offering full transparency, the sharing of knowledge, the enabling of interactive communication, the securing of inclusiveness, the stimulation of active citizenship and the fostering of international co-operation.

G.13 Methods of e-democracy should enable citizens to engage in active, responsible and responsive citizenship by, e.g., holding informal consultations, placing proposals in the Internet and seeking the opinions of citizens, promoting transparency throughout the whole institutional system, and making it possible for citizens to exercise widespread control more effectively.

G.14 Member states should promote reinforced dialogue and a citizen-centred communication. Pluralism has to include citizens' access to varied information needed for constructing public opinion.

G.15 Stakeholders should encourage the use of ICTs by politicians, citizens, civil society / nongovernmental organisations and political parties to engage in democratic deliberations, eactivism and e-campaigning, put forward their concerns, ideas and initiatives, promote dialogue and deliberation with representatives and public authorities, and to scrutinise officials and politicians in matters of public interest.

G.16 When devising measures of e-democracy, all possible stakeholders and their interests should be taken into account and involved at an early stage.

G.17 The introduction of e-democracy should actively involve, not circumvent traditional stakeholders of democracy, whose specific roles may be changing.

G.18 Politicians and political parties should continue and, if possible, enhance, their essential role as "intermediaries" of democracy, with e-democracy.

G.19 In particular, they should use the opportunities offered by e-democracy in order to connect with citizens and society which they represent, and with fellow party members and party structures.

G.20 Media should provide also in electronic form trusted and independent news and information for everyone, separating information from comment, with a strong commitment to context-setting and analysis, to allow citizens to formulate their own opinions and exercise their votes.

G.21 Media should harness the opportunities offered by interactive technology to promote broader democratic debate and participation.

G.22 Public service media should also in electronic form fulfil a vital role in educating active and responsible citizens by a forum for public debate, open to diverse ideas and convictions in society, and a platform for disseminating democratic values. Public service media should provide adequate electronic information about democracy, democratic institutions and democratic processes.

G.23 E-democracy should take into account the realities of today's information and communication society and provide tools which resemble those used by citizens in their everyday life.

G.24 As the information and communication environment continues to develop, existing and emerging technologies and tools should be examined in view of making use of ways in which people interact, for democracy.

G.25 Increased amounts of user created content, social networking, social e-commerce, semantic Web possibilities, crowdsourcing and citizen journalism should considered to be used for progressive democratisation of the process of creating, managing and distributing information in the public sphere.

G.26 Citizens should be enabled to receive information on time and to be an active part of the society through the network of information systems of state and public administration, so the public authorities can become transparent and efficient service. Public authorities should provide a free and constant access to and disclosure of, information, as well as to secure public and private data and decrease costs.

G.27 As e-democracy is heavily dependent on citizens’ access to relevant and timely information, a continual review of access to information should be an important requirement as e-democracy methods develop.

G.28 Member states, in co-operation with the private sector and civil society, should promote and enhance access to ICT infrastructure notably by creating an enabling environment that is attractive for the private sector to invest in ICT infrastructure and services, including rules and a stable regulatory framework; providing and supporting adequate training; facilitating and promoting community based networks; facilitating policies and partnerships which promote the qualitative and quantitative development of ICT infrastructure with a view to ensuring universal and affordable access to the Internet.

G.29 In order to maximise the opportunities afforded by the new information and communications environment, member states should promote affordable access to ICT infrastructure, make available better possibilities to access information as a public service and encourage cooperation between stakeholders.

G.30 Member states should facilitate policies and partnerships which promote the installation of Internet access points on the premises of public authorities and, where appropriate, in other public places; ensure that public authorities increase the provision and transparency of their online services to citizens and businesses so that they allow every individual access to public information.

G.31 E-democracy methods and tools should be devised in such way as to provide citizens with a ubiquitous, same-time, non-stop democracy

G.32 E-democracy games of, e.g., parliamentary procedures and budgeting should be devised in a way to make tasks and processes of democratic institutions better understood by citizens.

G.33 While e-democracy may not be a panacea of addressing shortcomings in democratic practice, it should contribute to mitigate present democratic challenges such as declining numbers of participants, social, racial or regional segregation, non-deliberative small group splintering, and ensure the promotion and sustainability of inclusion.

G.34 E-democracy methods and tools to revert trends of declining legitimacy and relevance of and trust in democratic institutions and processes should include, inter alia, the sharing of information and knowledge with third parties, the creation of new networks, the opening-up of decision-making processes, and transparency to the individual.

G.35 In order to remedy shortcomings in democratic practice, e-democracy measures should implement the goals of transparency - including real-time and lasting documentation -,accountability, participation in formal and informal democratic processes, in particular on decision-making; reactivity, speed, ubiquitousness; empowerment, inclusion; and more democracy - which carries a potential to counteract widespread popular apathy, disillusion with politics, perceived lack of impact, disengagement, alienation, lack of knowledge of
politics, restrictive media developments and factors of personal inconvenience.

G.36 Because of Europeanisation, internationalisation and globalisation of political affairs, regional and national (e-)democratic processes such as legislation and policy-making should become more and more collaborative and international.

Sectors of e-democracy

G.37 E-Parliament should be undertaken in the way of a comprehensive e-Parliament that regards elected representative assemblies at international, national, regional and local levels, and has many stakeholders: members of the assembly, political and administrative staff, electors, citizens and media.

G.38 E-Parliament should increase transparency and accountability of, and citizen's participation in, the work of the assemblies.

G.39 E-Parliament should support the role of its members as representatives of the people and as legislators, and thus be modelled in particular according to their demands.

G.40 E-Parliament should enable citizens to more and better communicate with their assemblies and their members. It should also enhance citizens' input into agenda-setting and decision-making.

G.41 By overcoming geographic and political borders as restrictions to access to information, trans-border e-Parliament - inter-parliamentary co-operation by electronic means - should quickly exchange information and provide structured input to legislation, oversight and administration through expertise and experience of other countries, regions or local authorities, e.g. through inter-parliamentary information exchange systems for which in most cases translations of parliamentary documents and Acts are required.

G.42 E-democracy - through broader and structured informed participation - should provide for enhanced procedural legislative transparency, better quality legislation in respect to its substance and readability, better access to legislation, and thus enhanced popular knowledge of legislation.

G.43 E-justice should improve the quality of public service to citizens and businesses in the judiciary, which can be accomplished through the use of ICT by speeding up court proceedings, increasing general service quality and improving transparency.

G.44 E-justice should give user-friendly access to legal and judicial information by the public including economic operators, practitioners of law, judicial authorities and courts, respectful of the rights of persons.

G.45 E-justice should include, inter alia, informative court websites, national and international portals, the development of online ‘case tracking’ systems, the use of videoconferencing techniques and standards for an electronic exchange of information.

G.46 Efficient functioning of the judiciary in the information age requires legal recognition and wide use of electronic data exchanges between different institutions within and across national borders.

G.47 E-petitions and e-consultations as well as the citizens' trust in such systems require adequate consideration of the opinions voiced by Parliament or other authority and its reasoned feed-back on its decision to the participants.

Technology

G.48 ICT should provide for new additional means to enhance the work and image of democracy and democratic institutions, for both qualitative and quantitative improvement in the efficiency and effectiveness of democratic institutions, mainly in the sectors of communication, dissemination and management of information, in particular facilitating new access forms to the information and services provided and having a direct effect in both intra
and extra institutional work.

G.49 Stakeholders should promote and support the development and implementation of appropriate technologies for e-democracy, beyond existing networks and tools.

G.50 ICT in e-Parliament should enable and improve good governance of elected assemblies - efficiency, inclusiveness, openness and accountability -, reduce unnecessary bureaucracy and provide user-centred services, increase transparency and accountability, and also encourage better communication and co-operation between all stakeholders.

G.51 Beyond the role of ICTs as means for exchanging and disseminating information, their possibilities for improving the enjoyment of human rights should be used and promoted.

G.52 The software used in e-democracy should be open to critical review by the public.

G.53 With each tool and process, it should be clear from the outset which person or institution carries which responsibility at which stage.

G.54 The use of open source solutions can help to establish trust as anybody might be able to examine the solution used up to a certain degree. Open source does not replace the requirement for open standards/specification.

G.55 Open standards shall be used to ensure that the various technical components or services of an e-democracy tool, possibly derived from a variety of sources, interoperate.

G.56 Solutions based on open standards/specifications and open software should be preferred, as the use of open standards/specification not only prevents vendor lock in but also promotes transparency and interoperability with other systems and components - also in a trans-border context.

Introduction of e-democracy

G.57 Any stakeholder should consider making use of, develop and initiate, opportunities created by e-democracy in order to engage in and with democratic processes and institutions. This should make the stakeholder's voices heard by and transmitted to, political decision making institutions and improve the work of these institutions.

G.58 Generic e-democracy tools, developed from a large number of e-democracy methods and tools implemented in a number of countries at different levels, can be used for the development and implementation of individual e-democracy tools, as set out in the guide on 'a set of generic e-democracy tools' (ref. annex, guide no. 2).

G.59 In order to achieve quality and a right quality-quantity-mix of the public participation with regard to the outcome and process, key factors like the following should be taken into account: the quality of the topic, the numbers of participants, the legitimisation and representativity of participants, the degree and quality of deliberation, the degree of support to or of enabling of, democratic processes, the reflection of outcomes in political decisions, the connections to effective devices, access and accessibility to and trust in, e-tools, the use of different channels, and promises by public authorities to take into account the outcome of the process.

G.60 The introduction, development and refinement of e-democracy and its methods and tools should be well prepared, gradually undertaken, qualitatively monitored, and lessons drawn should be implemented.

G.61 For planning, implementing and monitoring e-democracy and e-democracy methods at all levels, a roadmap method can be used, as set out in the guide on 'a roadmap approach towards e-democracy' (ref. annex, guide no. 1).

G.62 A review and readjustment of democratic processes via their electronic implementation should be accompanied by sound theory and methodology, and by a strategic development through political analyses of issues and their origins.

G.63 Processes should be developed and introduced in order to monitor the level of risk following the introduction of new tools.

G.64 In order to decide on a particular measure or technology of e-democracy to be used, the actual democratic ideals and particular communication forms and purposes supporting those ideals need to be agreed and defined, as set out in the guide on 'a checklist for the introduction of e-democracy tools' (ref. annex, guide no. 3).

G.65 Reporting frameworks can be used for effectively comparing different e-democracy tools implemented in different countries at different level, as set out in the guide on 'a framework for reporting e-democracy initiatives' (ref. annex, guide no. 4).

G.66 Before any e-democracy tool of broader participation or major importance initiated by public authority is introduced, and at appropriate intervals thereafter, and in particular after any changes are made to the system, an independent body, appointed by the respective authority, should verify that the e-democracy tool is working correctly and that all the necessary security measures have been taken.

G.67 Any e-democracy method and tool requires evaluation, if possible by a third party, combining quantitative and qualitative approaches, including on its democracy, governance, public participation and e-democracy qualities as well as of its usability, acceptability and acceptance, as set out in the guide on 'dimensions and approaches for the evaluation of edemocracy'(ref. annex, guide no. 5).

G.68 The institutions running an e-democracy tool should know and be responsible of, the components of such tool for verification and certification purposes.

G.69 With each method and tool created, it should be clarified from the outset, in which way and to which extent views, opinions and consensus thereby expressed will be taken into account when relevant authorities will shape and take decisions, and in which way such decision will be explained against such views, opinions and consensus.

G.70 In order to counteract possible (further) splitting between participants and nonparticipants in democratic processes and between e-able and e-unable persons, broad, comprehensive, permanent and sustained measures of e-inclusion should be taken.

G.71 E-democracy should offer particular opportunities to persons unable to be physically present at democratic meetings and elections, like those travelling, living abroad or with reduced mobility, and those with other pressing personal obligations.

G.72 E-democracy, via e.g. multilingual e-tools and deliberative fora, should offer good opportunities for inclusive engagement of minorities and for a multicultural democracy.

G.73 Permanent training of skills necessary to engage in e-democracy should be offered also by public educational institutions and by employers, including through e-learning by the users.

G.74 As the development of e-literacy including its human rights context is essential for sustainable democratic societies, particular emphasis should be placed on - e-media literacy and training for all citizens, including in particular for children, young people and persons without or with limited access to the Internet, in order for them to participate fully and responsibly in public life, and
- (e-)technologies and services being considered as positive tools which should not be feared but rather embraced as a means of exercising rights and freedoms.

G.75 Some early guidance, standards, and, if appropriate, harmonisation of e-democracy rules, regulatory frameworks, principles, methods and tools across borders should be undertaken.

Enablers, challenges, barriers and risks

G.76 When devising and implementing e-democracy, the following enabling factors should be taken into account, including:
- the political will and leadership of government and politicians;
- a developed and vibrant civil society;
- the quality and quantity of participation of e-democracy processes;
- the impact of participation on the outcome;
- the understanding and addressing of wishes and reservations of all possible stakeholders;
- political objectives beyond involvement for the sake of expression,
- initial low-level engagement;
- a general(ised) access & accessibility to technology, including by persons with special needs or living in less developed or remote regions (e-inclusion);
- effective co-operation between the different stakeholders;
- user-friendly (usability factor), transparent, adequate, scalable, differentiated andsustainable e-tools;
- user-friendly, but reliable identity authentication;
- information of citizens from the outset about how their input will be used (no false promises or expectations raised);
- information on how citizen input has been used in decision-making.

G.77 Attention should be paid to potential risks of presenting misleading information, making commitments that are not met, defamation, publishing obscene material, incitement to racial and religious hatred, and discrimination on ground of age, sex, race and disability.

Rules and regulatory frameworks

G.78 The main goals of rules and regulatory frameworks on e-democracy should be empowerment and safeguards. Key factors should be who, how and to what purpose to participate, and which institutions are best at achieving participation in and transparency and evaluation of, decision-making.

G.79 Rights of effective access to e-democracy and its tools, to e-democracy information, to rights to adequate learning without any barriers, rights to communicate, and transparency should be balanced against the protection of rights, including (information) privacy, intellectual property and personal data, and adequate and effective safeguards should exist or be developed and guaranteed.

G.80 Advantages and disadvantages of anonymity and confidentiality on the one hand and identity and authentication on the other should be taken into account when devising specific applications.

G.81 To disclose public information on the one hand, and to assure confidentiality on the other should be carefully balanced in the interest of the concerned people and institutions.

G.82 Rules, with respect for the editorial independence of media broadcasters, should also include the electronic coverage of election campaigns in a fair, balanced and impartial manner in the overall programme services of the broadcasters, and be applicable to both public service media and private broadcasters in their relevant transmission areas.

G.83 Safeguards, adequate sanctions and redress against possible misuse of e-democracy methods such as undue control and restrictions, and falsely claimed legitimacy, should be created in respect of actors of states, public authorities, administration, politics and citizenship.

G.84 Possible regulators of e-democracy - public authorities or non-governmental including providers and users at any level - should co-operate in the development and refinement of rules and regulatory frameworks on e-democracy in order to define the kind, level and content of regulation best suited for individual areas.

G.85 All stakeholders should be enabled to participate in the development and refinement of rules or regulatory frameworks on e-democracy in order to define the kind, level and content of regulation best suited for individual areas.
G.86 Before devising new rules, existing international and domestic rules should be reviewed in view of their possible applicability, adaptation and expansion.

G.87 Existing standards for e-government and e-governance should be examined in view of their possible application and adaptation to e-democracy.

G.88 E-democracy rules and regulatory frameworks should guarantee the respect of human rights and fundamental freedoms, as enshrined in domestic and international instruments, including personal privacy, and the right to freedom of thought, expression, information and communication, conscience, and religion, the right to respect for private life and correspondence, the right to education, the prohibition of trafficking in human beings and the protection of property.

G.89 E-democracy should uphold human rights, democracy and the rule of law in particular by:
- strengthening the participation, initiative and involvement of citizens in national, regional and local public life and in decision-making processes, thereby contributing to more dynamic, inclusive and direct forms of democracy, genuine public debate, better legislation and active scrutiny of the decision-making processes;
- improving public administration and services by making them more accessible (inter alia through access to official documents), responsive, user-oriented, transparent, efficient and cost-effective, thus contributing to the economic and cultural vitality of society.

G.90 The functioning of the Internet should continue to be underpinned by democratic values that guarantee its openness and accessibility.

G.91 Member states should develop and implement strategies for e-democracy that make effective use of ICTs in democratic process and debate, in relationships between public authorities and civil society, and in the provision of public services as part of an integrated approach that makes full and appropriate use of a number of communication channels, both online and offline.

G.92 When devising e-democracy methods and tools, special emphasis should be given to esecurity which includes information security, data security (including compliance with data protection requirements), document security, voting security, internet security, networking security and information system security.

G.93 Appropriate levels of security need to be identified for each tool and in each setting. This will need to be balanced by considerations of local culture to ensure that the security issues do not become a factor in discouraging the inclusion of individuals and groups from democratic processes.

G.94 Standardisation of document formats, applications and architecture should be undertaken in order to simplify and speed the use of political documents by representatives, citizens and administration, as do simple, self explaining and long term feasible formats.

G.95 Structured documents, with added metadata, in standard formats, and broad availability and various display formats should be developed in order to make it easier for the citizen tofind relevant documents and to find the correct place in such documents.

G.96 Local, regional, national and international standards in document formats should as much as possible adhere to common guidelines, and adopt and, if necessary, customise existing international standard initiatives as proposed by standardization bodies such as United Nations and CEN.

G.97 Besides standard formats at local, regional, national and international level, interchange formats should be used in order to identify similar structures of a document regardless of their respective terminology.

G.98 Standards in document formats and technical terminology should aim at increasing the duration in time of documents and intellectual resources, independent of current technologies and limitations in terms of intellectual property and patents.

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