Presentation 3e Project Meeting Magdeburg DE, Open Government in Europe Project, GRUNDTVIG LLP Program
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Presentation 3e Project Meeting Magdeburg DE, Open Government in Europe Project, GRUNDTVIG LLP Program

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Civic Initiatives vs. Legal Issues in the Netherlands and beyond has been discussed at the Magdeburg 3e Project Meeting of the Open Governement in Europe Project, part of the GRUNDTVIG Lifelong ...

Civic Initiatives vs. Legal Issues in the Netherlands and beyond has been discussed at the Magdeburg 3e Project Meeting of the Open Governement in Europe Project, part of the GRUNDTVIG Lifelong Learning Partnership (LLP) Program. It deals with several aspects on the broad domain of liability, damages and risk-management in the Netherlands, wrt. DIY & civic initiatives in public space.

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Presentation 3e Project Meeting Magdeburg DE, Open Government in Europe Project, GRUNDTVIG LLP Program Presentation 3e Project Meeting Magdeburg DE, Open Government in Europe Project, GRUNDTVIG LLP Program Presentation Transcript

  • 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 - 3rd 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