CIVIC INITIATIVES VS. LEGAL ISSUES IN THE NETHERLANDS AND BEYOND Mark Verhijde – Program manager and consultant urbanism commissioned by Ministry of the Interior and Kingdom Relations project participation in collaboration with UT Twente NL July 2014 - 3 rd Project Meeting in Magdeburg DE Open Government in Europe Project GRUNDTVIG Lifelong Learning Partnership (LLP) Program
Outline case • Research Civic Initiatives, DIY & Liability 2013 – Basic research questions – Participants and proces – Basic results 1-4 – Refining results 1-2 – Learning issues • Comparing civic initiatives NL with other countries in EU 2014-06-16 2
Example Den Helder • Citizens maintain public space • Contract with municipality • Volunteers are trained on safety issues and quality of their work 2014-06-16 3
Preview • Case is NOT about general / common efforts to make DIY & civic initiatives possible (process to empower citizens, role municipality, funding) • Case aims to illustrate 2 perspectives: actions of citizens vs. actions in legal domain • Both are true and present in the real world • Power struggle between 2 perspectives • Good Practice Open Government: new balance shifting power to DIY and civic initiatives 2014-06-16 4
Example Venray • Citizens design and realise main street (bricks and green) • Budgets from municipalty and citizens • Co-creation 2014-06-16 5
Basic research questions • Ministry of the Interior and Kingdom Relations • Research on civic initiatives, DIY & liability 2013 • Are legal issues such as liability, damage and risk assessment restricting civic initiatives? • Landscape civic initiatives, DIY current system • Possible alternatives on legal issues • Options for radical experimenting 2014-06-16 6
Example Amersfoort • Skeleton: Citizens & artist create wooden object for playing • Focus on learning how to deal with safety and risks • Prohibited: Law on Public Playing Objects (WAS) 2014-06-16 7
Participants and proces • Management: Mark Verhijde & Maarten Bosman • 3 municipalities: Den Helder, Deventer, Venray • 5 experts: CROW, WijkAlliantie, LPB, En de buurt and Van Alphen Legal Consultancy • Desk research and interview sessions • Workshops and meetings • 67 civic initiatives in public space and buildings • Research results with tools, myths, schemes and many examples 2014-06-16 8
Basic results 1 • Dutch systems: General Administrative Law Act (GALA or Awb:NL) and Civil Laws • GALA describes administrative law provisions (making, opposing and judicial reviewing) • Civil Law (or private law) describes the rules for relationships between people (i.e. family law, property law) • Liability is part of Civil Law domain 2014-06-16 9
Example Arnhem • Popup Festival on toplevel parking lot • Permit given for temporary use • Zoning regulations do not allow for events • Arnhem tolerates civic initiative 2014-06-16 10
Basic results 2 • On damage in NL: everyone is responsible for damage from own actions (i.e. general liability) • Two exceptions on general liabillity: – Contracts: damage from breach of contract – Specific civil laws: ownership (of property, animals), parents-children (14 year), organization-employees • Damage = paying money or insurance • Managing liability = minimize risks of claims 2014-06-16 11
Requirements on safety • “ Kelderluik- arrest”:NL • High Court decision on events and safety of volunteers and visitors • Accident due to open cellar hatch • Civic initiative liable for damage 2014-06-16 12
Basic results 3 • Municipalities & civic initiatives: legal strategies – Formal (4): permit, prohibit, tolerance, contract – Informal (2): adapt, cocreate (adopt) • Main objectives: minimize risks of claims, prevention, safety , “ hassle ” • -/- Municipalities: overreacting on risks • -/- Civic initiatives: dealing with complex legal world (knowledge, language, forms, arguments) 2014-06-16 13
Scheme on risks civic initiatives 2014-06-16 14
Basic results 4 • Municipalities w.r.t. civic initiatives & DIY – Liability is NO RESTRICTION – Ownership is fact, important to manage risks • Civic initiatives & DIY – Liability is NO RESTRICTION – With proper knowledge, risks are managed – Without such knowledge, no action on liability – Dealing with legal issues is RESTRICTION 2014-06-16 15
Example Utrecht • Urban Gardening on temporary base • Citizens: let’s grow tomatoes. Utrecht: let’s make a deal first • Complex contract not signed by citizens • Utrecht tolerates DIY 2014-06-16 16
Refining results 1 • Municipalities: make it more simple – One administrative policy w.r.t. civic initiatives – Proper communication on legal issues – Dare to choose on legal tools – More objective risk assessment – Avoid complex contracts and permits – Enhancement via online information & social media – Local insurance for civic initiatives 2014-06-16 17
Refining results 2 • Municipalities: radical experimenting – Expand tolerance options – Propose areas without administrative laws – Introduce new DIY-friendly ordinance to outrank other local laws in administrative system • Civic initiatives: DIY on process and legal issues – Make your own contract (permit, etc.) – Network for selfhelp on process and legal issues 2014-06-16 18
Example Deventer • Festival Deventer op Stelten • Various permits • Safety regulations due to large crowd • High risk event • Professional handling and organization 2014-06-16 19
Learning issues • Ministry of the Interior and Kingdom Relations – Exchange research results among municipalities – Collect best practices – Experiments on legal freezones – Stimulate knowledge exchange on liability • Municipalities – Participate in Learning Groups – Implement tools to make legal issues more simple 2014-06-16 20
Comparing civic initiatives NL with other countries • 2 perspectives also in other countries? • Legal issues like liability NL in other countries? • Common legal practices which may help DIY NL? • Insights from DIY NL usefull for other countries? • Become partner with civic initiatives & liability NL? • Exchange knowledge between DIY NL and beyond? 2014-06-16 21
More information • Mark Verhijde | mark.verhijde@gmail.com | www.markverhijde.nl | +31 652653005 | • Ministry of the Interior and Kingdom Relations | http://www.government.nl/ministries/bzk | Coen Boot | Coen.Boot@minbzk.nl | 2014-06-16 22
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