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

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Example Den Helder

• Citizens maintain public space

• Contract with municipality

• Volunteers are trained on safety issues and quality of their work

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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

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Example Venray

• Citizens design and realise main street (bricks and green)

• Budgets from municipalty and citizens

• Co-creation

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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

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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)

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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

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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

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Example Arnhem

• Popup Festival on toplevel parking lot

• Permit given for temporary use

• Zoning regulations do not allow for events

• Arnhem tolerates civic initiative

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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

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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

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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)

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Scheme on risks civic initiatives

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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

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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

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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

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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

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Example Deventer

• Festival Deventer op Stelten

• Various permits

• Safety regulations due to large crowd

• High risk event

• Professional handling and organization

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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

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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?

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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 |

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