Citizen participation as a requirement for the legality of the rules

Abstract

The participation of citizens in modern states of law is a phenomenon that has more and more ramifications. From the classic democratic participation in electoral processes for the election of their representatives in parliaments, to the recognition of the right of access to public information within the framework of the transparency of the activity of the public authorities, there are multiple manifestations that this principle has in current legal systems. One of the most relevant is that consisting of citizen participation in the processing of rule-making procedures, which in Spain is recognised in Article 105 of the Constitution. The different procedures in which this right is articulated continue to generate doubts in doctrine and jurisprudence. Recent rulings have highlighted some shortcomings in the legal framework for these procedures, which has recently been revised by Organic Law 1/2025, of 2 January, on measures in terms of efficiency of the Public Justice Service.