Spain :

Free will on leadership preferred a priori. Mismatches schemes: community full autonomy and community

autonomy gradually. Hierarchy of sub-state. Autonomy of each autonomous community. Control of legality exercised by the courts.

France :

Encadrement per the constitutional and legislative. Uniformity in the creation of communities and the division of

powers → supremacy of the principle of equality. Prohibition of protection and lack of hierarchy between each

level of community. More than a priori on the actions of communities.

The participative democracy is a political model which allows the involvement(implication) and the participation of the citizens in the public debate and the grip(taking) of political decisions which follows itself.

The people delegate his(her) power to representatives, while keeping(preserving) him(it).

The people seize subjects that he considers particular, by a petition of a fraction of the electorate, an interactivity in the form of debates of nearness or quite other democratic means in his reach.

This process is guaranteed in Spain by the whole legal corpus.

The Spanish Constitution of 1978, in its article 9.2, recognizes in a very wide and general way the individual and collective participation.

The article 23.1 arranges that: " the citizens have the right(law) to participate in the public affairs, directly or through representatives freely elected in periodic elections in the universal suffrage ".

These principles of participation are present repeatedly in the text.

The law 7/1985 put the bases of the local regime.

The law 57/2003, named(appointed) " law of big cities " strengthens this arrangement(measure,disposal) by imposing on the municipalities(Communes) to facilitate the participation of all the citizens in the local political life by different legislative innovations such as the custom(usage) of information technologies, the initiative citizen or still the plebiscite.

Creation of an urban look-out post(observatory) aiming at knowing and at analyzing the evolution of the quality of life in the municipalities(Communes) affected by this law, assuring(insuring) a real effectiveness and allowing later modifications.

Juries citizens are an instrument of participation citizen; the participants can inquire there and discuss in depth problems met by their community. The originality is to emphasize a complete information of the citizen for a constructive debate to adopt the best of the decisions.

Process of functioning:

Citizens' drawing lots to obtain a representative sample of the company(society).

Holding(Dress) of the jury citizen, moment of the information and the debate (an outside instructor(monitor) moderates him(it)).

Elaboration of a report writes by the organizing team.

→ Interests and criticisms(critics).

Initiative belongs to the community.

Do not bind(connect) the community.

Require the absolute majority of the Advice(Council) to be adopted.

Has to carry(wear) inevitably the exclusive local skills, with the exception of the local tax system.

→ Neutralisantes conditions.

Guaranteed by the article 29.1 of the constitution of 1978

Means to address institutions to formulate wishes or complaints.

Organic law 4/2001 of November, 2001 reaffirms this right(law) and clarifies its application.

Resemblance of the systems both at the level of the state organization and the processes of local participative democracy:

Juries citizens, the referendum and the petitions exist in the French law also.

The French local authorities can subject to the decision of the voters of a region with a measure of autonomy a project recovering from their skills by virtue of the article 72-1.

Possibility of asking for the registration(inscription) of a question which had been the object of a petition in the agenda of the local assembly (art. 72-1 French constitution).

Juries citizens who are a reality in France also, even if their application is more than relative.

Importance of the conditions of implementation.