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Figure 1 The action arenaSource: Ostrom et al., 1994: 29 Ostrom provides a short explanation for each of these elements, which we will quote here (idem: 29-33). The action situation consists of seven elements:
For the explanation of the behaviour of actors (either individual or composite actors; for further distinctions: Scharpf 1997: 52-58), Ostrom distinguishes four attributes of actors:
The action arena is not situated in an analytical vacuum, it is part of an institutional context: society. Ostrom et al. (idem: 37) distinguish three factors that influence this arena: the rules individuals use to order their relationships, the attributes of a physical world, and the attributes of the community. In figure 2 this is summarized graphically. Action Arena
Figure 2 The action arenaSource: Ostrom et al., 1994: 37 Subsequently Ostrom provides the concepts to be used in describing the (institutional) rules. The seven types of rules she distinguishes are linked to the seven constitutive elements of the action situation. – Position rules establish positions, assign participants to positions, and define who has control over tenure in a position;– Boundary rules set the entry, exit, and domain conditions for individual participants; – Authority rules specify which set of actions is assigned to which position at each node of a decision tree; – Aggregation rules specify the transformation function to be used at a particular node, to map actions into intermediate or final outcomes; – Scope rules specify the set of outcomes that may be affected, including whether outcomes are intermediate or final; – Information rules specify the information available to each position at a decision node; – Payoff rules specify how benefits and costs are required, permitted, or forbidden in relation to players, based on the full set of actions taken and outcomes reached. As the formulation of these rules is still rather abstract, we would like to present the following suggestions for operationalisation:
Normative criteria of democracy In this paper we aim to explore some of the democratic implications of institutions of interactive governance. This task implies that we will have to develop criteria to assess these implications. Definitions of democracy are manifold. This reflects the contested nature of the concept of democracy. For different people democracy means very different things. One of the dimensions underlying this variety of concepts of democracy is based on the distinction between direct and indirect democracy. Direct or participatory democracy is based on the normative assumption that citizens should have equal opportunities to participate in the making of major political decisions and that participants should have equal influence over the outcome of this process In terms of the rules this a.o. implies that: – position rules define the position of ‘citizen participants’3– boundary rules allow access to the position of ‘citizen participants’ to all (adult) individuals. – authority rules guarantee equal rights and obligations for ‘citizen participants’ (the right to participate and to express one’s opinion). – information rules ensure that all ‘citizen participants’ shall have adequate and free access to all relevant information for making a sound collective decision (including adequate information about ‘the rules of the game’). – aggregation rules imply that ‘citizen participants’ have an equal weight in the collective decision. – scope rules imply that the collective decision made by ‘citizen participants’ is binding upon other position holders and reduces the scope of subsequent arenas. – pay-off rules imply that there is no a priori definition of what constitutes a ‘just’ or an ‘unjust’ division of costs and benefits: as long as the other rules ensure equal opportunity and equal influence any division of payoffs will provide an acceptable outcome (procedural justice). This implies that costs and benefits are not fixed in advance, but open to decision (and thus part of the outcome).
Of course, this formulation is ideal typical. Actual institutions will only meet these requirements to a limited extent. Some of these institutions, however, may fall further short than others. In our evaluation of the procedures employed in the Roombeek-West case, we will focus on these direct democratic criteria. In our project we are primarily interested in the extent to which the objective of the municipality to offer this group adequate participatory opportunities to influence the decisions on the development of their neighbourhood, will be achieved. Nevertheless the interactive arenas are embedded in what remains an essentially representative democracy. The essence of indirect or representative democracy is that the influence of citizens over policies should primarily (or even solely) be indirect: the people should have influence over the selection of representatives who should participate in public decision-making ‘on their behalf’4. Advocates of indirect democracy disagree on the appropriate meaning of ‘on their behalf’, but that need not bother us here. Irrespective of the precise meaning theorists of indirect democracy attach to the term ‘on their behalf’, all these scholars agree that the assembly of directly elected representatives should have a major or a supreme influence in the policy-making process. The Dutch constitution is of the latter type, since it is based on the normative assumption that the elected council should be the head of local government (principle of monism). For the sake of simplicity, we take this monistic variant of representative local government as a normative frame of reference. This implies a set of rules that clearly establish the political primacy of the elected council: – position rules define the position of ‘councillors’, as the only democratic representatives of the people.– boundary rules allow access to the position of ‘candidates for councillor’ to all (adult) individuals, and specify that direct free and equal elections will be decisive for who is elected to be ‘councillor’. – authority rules guarantee equal rights and obligations for ‘councillors’ (the right to participate, vote and to express one’s own interpretation of one’s political mandate provided by the electorate). – information rules ensure that all ‘councillors’ shall have adequate and free access to all relevant information for making a sound collective decision (including adequate information of ‘the rules of the game’) and that actors outside the arena will be informed (public motivation of collective decisions). – aggregation rules imply that ‘councillors’ have an equal weight in the collective decision and that (in most cases) a simple majority ensures a decision of the council. – scope rules imply that the collective decision made by ‘councillors’ is binding upon other position holders and reduces the scope of preceding and subsequent arenas (no final collective decision can be made in arenas preceding the council, and subsequent arenas can’t impair the decision). – Pay-off rules imply that cost and benefits are not fixed in advance (are part of the outcome) and are distributed in a way that maximises collective welfare, for the council has to represent the interests of all the citizens.
This latter set of normative criteria only refers to the position of the council and its members. In order to secure the normative primacy of the council the Dutch constitution and the Municipal Law provide many additional rules that are relevant for the position of the council and its members in the traditional decision-making process. Therefore the above formulation is by no means a full account of the rules that are meant to establish the council’s primacy in municipal government. In the next section we will discuss the subsidiary rules that are necessary to give a full answer to our first research question: What are, from a democratic perspective, the main characteristics of the traditional institutions of local representative democracy? Without a clear understanding of these traditional arenas it will be impossible to understand and evaluate the implications of the complementary institutional provisions for direct citizen participation. Traditional representative institutions as a configuration of arenas At the end of the previous section we have described the main constitutional rules that are intended to establish the primacy of the municipal council, as it is considered to be desirable from a representative democratic point of view. According to this set of rules there is little doubt that the primary arena in local government should be the municipal council. But in addition to this primary arena municipal government is characterised by a multitude of other action situations and actors that are involved in such situations. Rather than one arena there is a configuration of arenas. How are we to identify action arenas? The problems in doing this closely resemble the issues system analysis faces in identifying social systems. For our purposes it is especially relevant to consider how to deal with more refined subdivisions in the policymaking process once a primary arena has been defined?5
Even though in a formal sense there is one primary arena (the council being the head of local government; at least in the Dutch case) one might have identified a variety of arguably relevant interaction sets: preliminary politico-administrative consultations, decision-making in the court of mayor and aldermen, committee meetings, meetings of party groups, and informal consultations between council members and aldermen and between coalition parties. Each of these might possibly be considered as a sub-arena. And since several of these sets of interactions are characterized by a specific set of rules (that are different from the rules that pertain to the primary council arena, consider for example the rules of public deliberation, and rules of access) it may be worthwhile to consider them as a (sub-) arena in their own right. Of course, the issue of differentiation is one of choosing the proper level of abstraction; in our case the appropriate level for a study of interactive governance and representative democracy. On the one hand we want to keep our analysis well-organised. This suggests an analysis at a rather high level of abstraction. On the other hand, our analysis should preferably be unambiguous and should also provide us with clear insight in the interactions in the primary arena. Both these considerations indicate the necessity of an analysis at multiple levels: the level of the primary arena and a prior analysis of sub-arenas. A description of multiple sub-arenas in a setting where different rule configurations may apply for different sets of interactions within a primary arena. In doing this, however, we should take care to include those rules that link the outcomes of the decision outputs of the various sub-arenas. In addition to descriptive convenience, the analysis of ‘nested games’ will also provide better insight in the course of decision making processes (Tsebelis 1990). With these considerations, in mind we have identified , the following minimal set of relevant arenas:6
6) This set corresponds to the arenas Denters et al have identified in their empirical study of municipal decision-making in Dutch municipal government (Denters et al 2000). An important reason for the selection of these arenas is that they are all characterised by a set of more or less clearly identifiable institutional rules. Moreover, these sets of rules also control the relations between these various arenas. In Table 2 we have identified the rules for each consecutive arena. This table demonstrates the crucial role that authority and scope rules play in establishing the relations between the various arenas. On the one hand, scope rules determine the sequence of the various stages in the decision-making process: which decisions are made at each successive stage and what should happen next. On the other hand, authority rules not only determine the rights of various actors but they also set obligations. These obligations typically establish substantive linkages between the decisions reached in various arenas. For example a member of a party group is generally supposed to represent the views of his/her party group (doctrine of party discipline) on a proposal when he/she acts as party spokesman in a committee. The main conclusion from this analysis is that this configuration of arenas in the traditional representative democratic system provides a carefully institutionalised process. In the course of this process an initial proposal is being gradually transformed into a binding collective decision. In every subsequent arena additional office holders are being committed to the proposal. This is reflected in the restrictions on the opinions member’s can legitimately express in subsequent arenas (authority rules). This conversion process is also reflected in the scope rules, that indicate that an initial policy proposal is transformed into a proposal to the court of mayor and aldermen, a proposal of the board to the council, that has support among party groups and is endorsed by the sectoral committee, and is sanctioned by a majority decision decided upon in the council meeting. These explicit scope rules make it unequivocally clear for all actors involved that a collectively binding decision is reached no sooner than the final decision by the council meeting has been made. The main conclusion from this analysis is that this configuration of arenas in the traditional representative democratic system provides a carefully institutionalised process. In the course of this process an initial proposal is being gradually transformed into a binding collective decision. In every subsequent arena additional office holders are being committed to the proposal. This is reflected in the restrictions on the opinions member’s can legitimately express in subsequent arenas (authority rules). This conversion process is also reflected in the scope rules, that indicate that an initial policy proposal is transformed into a proposal to the court of mayor and aldermen, a proposal of the board to the council, that has support among party groups and is endorsed by the sectoral committee, and is sanctioned by a majority decision decided upon in the council meeting. These explicit scope rules make it unequivocally clear for all actors involved that a collectively binding decision is reached no sooner than the final decision by the council meeting has been made.
Interactive arenas in Roombeek-West After the description of ‘traditional’ arenas of representative democracy we will now turn to our second research question: What are, from a democratic perspective, the main characteristics of the institutions of interactive governance for the planning process of the redevelopment of Roombeek-West? The institutional structure of this ‘participation process’ and its links to other arenas will be described in this section. We will concentrate on the first phase of the process, which will result (in the fall of 2001) in a formal decision of the municipal council on a general plan for rebuilding the area. It should be remembered that what is discussed in this paper is only the first round of the planning process. The plan to be developed in this round will after being accepted by the municipal council, provide the basis for more detailed plans and the subsequent realisation of these plans. Participation in a configuration of arenas In order to facilitate ‘maximum feasible participation’ by the numerous victims of the explosion, the participation process was designed as a set of arena’s, each geared towards the needs of different groups. We will first describe these participation arena’s, followed by a description of the other arenas that provide the institutional framework for the first phase of the programme’s development. Participation arenas The first phase comprises of two stages: in February/March 2001an open inventory of opinions on rebuilding the area was made; and in June 2001participants will be able to express their opinions on the first draft of the redevelopment programme. First stage The core of the first stage was a series of eight sessions with former residents of different areas in Roombeek and its immediate surroundings. For these sessions the (former) residential location served as criterion for inclusion (boundary rule). Other ‘arena’s’ were open to participants from the entire city (anyone could drop his ideas in ID-boxes that were placed all over the city) or open to anyone connected to the Internet and able to understand Dutch (an internet-site was constructed where anyone could express his or her opinions). The latter ‘arena’s’, however, offered no opportunities for interaction between participants: they just provided a channel to express people’s opinions. In addition to these locality-based arena’s, special sessions were organised for functional groups. Workshops were organised for schoolchildren, and for migrants from different ethnical backgrounds, as well as for artists (who were a characteristic segment of the population of Roombeek), entrepreneurs and older people. In terms of the institutional rules these arenas can be described as ones that gave an open access to opportunities for participation and for the expression of opinions. In a formal sense selection of participants (boundary rule) resulted from invitation based on location or through addresses known by organisations of ethnical or occupational groups. However, through the whole set of arenas, all relevant actors will have had an opportunity to participate. As part of our research project, at least for the group of residents and former residents of the Roombeek neighbourhood, we will use survey instruments to establish who used the formal participatory opportunities and who did not. Moreover we will look into the determinants of residents’ decisions to participate or not to participate and the consequences of these decisions for the representativeness of the participatory process’ results: to what extent is there a possible ‘participatory distortion’? (Verba, Brady & Schlozman 1995: 178-182). The main positions in the arenas were the one’s of ‘participant’ and ‘process facilitator’. Participants had the rights to express their opinions either in an entirely open way, or related to a large number of important topics that where previously discussed with ‘key-persons’ from the area. The ‘process facilitator’ was an independent expert on participation processes who was hired by the city to organise the participation process and ensure that the outcomes would truly represent the opinions of the participants. Another key position in some of the arenas is the ‘town-planner’, an external expert, hired by the municipality of Enschede to prepare a first draft of the redevelopment plan (more on his role follows in the description of the other arena’s). In the eight central sessions the external town planner was present to discuss participants’ opinions and to state some general points of departure for his work. Councillors held a minor position in the sessions, fulfilling the role of ‘table-host’ at discussion tables, facilitating discussion and listening to the participants. They were explicitly instructed not to express their own opinions. With regards to the scope of the arenas, the eight central sessions were slightly ‘pre-structured’. The organisers provided the participants with cues (in the form of series of photographs and accompanying short texts) for reflection and subsequent discussion on a predetermined list of topics about the future of the redeveloped neighbourhood. The number of these topics (about eighty), however, was so high and the range of issues so wide, that the participants were able to address almost any topic they might have deemed relevant. Moreover, the short notes written in reaction to the clues the participants were absolutely unconstrained (also enabling participants to raise topics different from those initially provided), and the entirely open ID-boxes and internet-site provided further opportunities to address any issue a participant would like to raise. From the perspective of the openness of the arena may be considered as an asset. The other side of the coin, however, is that the participatory process has thus lead to an enormous variety of opinions about the future of the neighbourhood. In the light of this diversity, it would presumably be not too difficult to supply advocates of virtually any possible conception of the new neighbourhood with a useful anthology of statements made by participants to legitimise their point of view. Information rules were also quite open: participants were informed of the possibility to participate, they were informed on the general structure of the different arenas, and they were promised that a written report on the sessions would be provided to attendants. Moreover, reports were to be published on the Internet. Drafting the reports on the results per arena was a major responsibility of the process facilitator. Implicitly this also indicates the main aggregation rule used to ‘ produce’ the results for each of these sessions. The participants’ notes with their opinions were collected, described on a one-to-one basis and these subsequently served as input for a general summary of the opinions by the facilitator. For the next steps in the process, a full report was produced by the process-facilitator, summarising the output of the first stage of the participation process. This report consists of a general summary and short summaries of all the different sessions. Costs and benefits of redevelopment options were as yet no topic for discussion, so it is for this moment not necessary to specify a pay-off rule (all costs of the process were covered by the city). The second stage In June 2001 a second stage of the participation process will be organised, very much along the lines of the first stage with regards to the groups that are consulted in different arenas. The scope rules will however be somewhat different, as a draft version of the programme will by then be available, and the discussion should concentrate on the question whether this draft truly represents the opinions of the participants or not. Participants will also have more structured possibilities to express their opinions on issues using a ‘voting device’ by which they can evaluate different aspects of the proposal in a quantitative way. Before describing the main function of this second stage it is useful to present the other arenas in the entire process. Other arenas Alongside the participation arenas, where (former) residents play the central role, a number of other arenas were constructed to provide input into the redevelopment programme. Three panels of experts were invited to present their views on the programme. In one of these meetings, experts on social policy presented their opinions on the social policy programme, in another the economic policy options were discussed and in a third the physical programme (building/infrastructure) was the focus. This division in three broad policy areas stems directly from the way in which the Dutch national government’s urban policy (in which Enschede together with 24 other urban municipalities participates) is structured. This national urban policy has invited municipalities to develop a strategic scenario for urban redevelopment based on three pillars: social policy, economic policy and policies for the built environment/infrastructure. The notion of the three pillars is also at the heart of the city’s approach to the plans for redeveloping Roombeek-West. For every ‘pillar’ a policy programme will have to be developed under the direction of a programme-manager who has been appointed to co-ordinate all activities regarding this part of policy or programme development. For all three expert-panels, participants were selected on the basis of known expertise in this field. Discussions in these expert panels have had a rather unstructured character, each participant having an opportunity to state his or her views on topics they deemed of importance. Municipal employees working in the policy sector wrote summary reports. At each expert panel the programme-manager of the relevant programme was present. The results of the panels were intended to provide expert advice for the further development of the plans for the three ‘pillars’. These three programme managers are key members of the programme development group (PDG), which can be seen as an arena where the general programme for the redevelopment of Roombeek is drafted. This group is supposed to write a draft version of a document that describes which functions should be accommodated in the redeveloped neighbourhood (housing, economic activity, infrastructure, etc.) and the policies needed to achieve the programmes’ goals for the area (e.g. in terms of its social structure and social cohesion). Where this group focuses on ‘what’ should be done, the ‘planning group (PG)’ develops proposals for ‘how’ these functions should be incorporated in the area. This planning group is centred round the previously mentioned ‘town-planner’. The PG typically produces maps and visualisations of the functions proposed for the area. One of the complications of the process is that the programme development (PDG) and the planning group (PG) do their work simultaneously. This is a result of the understandable desire to start rebuilding the area as soon as possible. Normally one would probably decide to determine the basic goals for the redevelopment programme first and subsequently develop the plan for the neighbourhood and draw the relevant maps. The simultaneous deliberations in these arenas (PDG and PG) produce co-ordination problems. In some cases maps are drawn based on the planners’ images of the functions needed for the area, whereas programme managers are still debating these. When looking at the institutional design of the two arenas (PDG and PG), the boundary rules are clearly based on professional expertise. In the planning group (PG) the external town planner is accompanied by staff members of his firm and by a town planner from within the municipal administration. In the PDG, the programme-managers convene with the deputy-director of the municipal redevelopment taskforce and the officer in charge of the participation process. The group also comprises of a staff supplied by the external town planner’s firm. This staff does the bulk of the writing and is supposed to inform their colleagues in the planning group. When looking at the authority rules for these position holders, two aspects are important. As has been shown in our description of the links between different arenas, authority rules might reflect the more or less binding results of other arenas. In this case it is important to see to what extent the outputs of the participatory arenas provide constraints for the choices that position holders, in for instance the programme development group (PDG), could legitimately make. The institutional design of the decision-making process is far from unambiguous in this respect. On the one hand it is clearly indicated that the outcomes of the participation process should provide a very important input into the programme development group (PDG). On the other hand, it is also stated that the results of the expert panels and previous council decisions should also be considered as important. This implies considerable discretion for position holders in the programme development group (PDG). For much the same reasons the planning group (PG) members exercise considerable discretion. The constellation of the position holders in the programme development group (PDG) is such that each of them has to consult a ‘constituency’. In the case of the sectoral programme managers: they have to consult relevant segments of the standing municipal organisation and other relevant governmental, quasi-governmental and social organisations in their sector. Moreover, the programme managers have to consider the basic principles of the general municipal scenario for urban redevelopment that is the basis for Enschede’s participation in the national government’ urban policy initiative. Finally they will have to take the priorities of their political principals (especially the aldermen responsible for the three ‘pillars’) into account. The officer in charge of the participation process has special responsibilities for heeding the outputs of the participatory process. As such he forms a tandem with the ‘process facilitator’. For his support base he is at least to some extent dependent upon the association representing the interests of the victims (BVS). The staff members of the consultancy firm are of course closely linked to the planning group and will (at least to some extent) be inclined and expected to represent the external planners perspective. The deputy-director of the municipal taskforce, hired by the municipality as an interim-manager from one of the major Dutch consultants companies, acts as chairman of the arena. On the one hand this constellation of ‘linking-pins’ in the PDG ensures that relevant perspectives are brought to the table. On the other hand the heterogeneity of interests in the PDG puts severe pressure on the aggregation rules in this arena, as different perspectives would suggest different outcomes in the programme. One of the characteristics of the PDG arena, however, is that no explicit aggregation rule has been formulated. The group has a collective responsibility for writing a concept version of the programme, but no mechanism is available for resolving conflicts between the different perspectives. This has resulted in a situation in which the draft programme on many points of crucial importance merely formulates ‘points for further discussion’. Under these conditions, the results achieved in more decisive arenas, especially the preliminary planning results in the PG, may be more influential in guiding the redevelopment plans than the inputs from the PDG. This is not unlikely since the heterogeneity of interests represented in the PDG stands in marked contrast to the relative homogeneity of the planning group (PG). Although the PG, just like the PDG, lacks explicit aggregation rules, here this institutional weakness poses no major threat to the arena’s decisiveness. The homogeneity of interests within the PG arena reduces the need for a mechanism for conflict resolution. This state of affairs may be of considerable interest for the results of the decision-making process. For the imbalance in the decisiveness of the PG vis-à-vis the PDG is not counterbalanced by clear scope rules that define the status of the decisions made in either of these arenas. This arguably exacerbates the problems of the simultaneity of the deliberations in the PDG and the PG. In the absence of previously determined normative premises and a lack of decision in the arena (PDG) that is primarily responsible for providing such principles ‘en route’, the planners find themselves in a power vacuum. A vacuum that, because of the time constraints induced by the political priority of a swift return of displaced residents to the a redeveloped Roombeek, is in urgent need of filling. Therefore, it is safe to assume that the dice in the redevelopment game are considerably biased in favour of the PG and its key position holder, the external planner and his staff. The arenas of representative democracy in the Roombeek case After the PG and the PDG will have developed the draft programme and a rough plan for the redevelopment of Roombeek these policy documents will first have to be approved by the council of mayor and aldermen of Enschede (CMA). The discussions in the CMA will take place later this month (May 2001). Therefore, we can only speculate on the consequences of the interactive preparation of the proposals. Two general points, however, can be made nevertheless. First, in a formal sense (in terms of the relevant authority and scope rules) the hands of the members of Enschede’s CMA are completely free. In a material sense, however, there are clear limits to the freedom of the members of the local executive board to amend the proposals. Most important, the planning process is under a severe time constraint. If the second stage of the participation process (the public consultation about the drafts, scheduled for June 2001) is to take place before the summer holidays, the CMA will have to make a decision on these documents no later than the end of May 2001. Secondly, the alternatives available to the CMA are ‘politically’ (rather than formally) constrained to the extent that the collective outcomes of the preceding arenas are more specific and more consensual. In this respect, we should be aware of the fact that there will be considerable political pressure on the CMA to heed the results of the participatory sessions. This constraint however, is probably not a very tight. As we have emphasised before, the ‘results’ of the participation sessions leave plenty of room to legitimise a wide range of alternative choices. The same is essentially true for the draft programme, with its multitude of ‘points for discussion’. In theory this leaves the CMA with considerable room for manoeuvre. Under different circumstances the CMA might have hailed this window of opportunity. And from a democratic point of view this condition may be considered as highly desirable for the political primacy of elected politicians. The extreme time pressure under which the CMA will have to decide on the ‘many points for discussion’, however, is likely to induce despair rather than joy amongst the CMA’s members. This might make them susceptible to ready-made alternatives developed elsewhere. These options may be available from at least two sources. First, the ideas and plans developed in the bosom of the PG. And second, plans the municipality developed for the neighbourhood prior to May 13th 2000. After the CMA has made its preliminary decisions, the proposals will be the subject of a new round of citizen consultations. Only after this second stage of the participation process the final draft (that as a result of the consultation may have been amended) will be submitted to the municipal council, that ultimately has to approve of the proposal.3
In a legal sense the members of the council are completely free to amend the plans submitted to them for final approval. At this moment it is impossible to speculate about the most role the council will play in the final stage (presumably in September or October 2001). This uncertainty is not to the least due to the fact that so far the council has not given the other actors any clues as to which role the council would like to play in the final stages of the process. For example, the council as yet did not formulate any substantive or procedural criteria it would employ in deciding on the acceptability of the final proposals. The actual role the council might play in these final stages hinges very much upon the contents of the CMA preliminary draft proposal, the public reactions to this document and the subsequent (un)willingness of the CMA – if necessary – to amend the draft according to the results of the participatory process. Even though this is merely speculation, it seems rather unlikely that the council will make use of its formal competence to bring up completely new substantive proposals for discussion during the final stages of the decision-making process. The role of the council will largely depend on the course of the public consultations. At one extreme, if the CMA’s proposal presented to the council should be in close agreement with the results of the second round of popular consultations, the council will probably be perfectly happy to perform the role of an ‘applause machine’. If, however, the CMA should have been unwilling to amend its plans to meet equivocal citizen demands voiced during the participation process the council’s role will be crucially important. In this case the municipal council might very well serve as a ‘court of appeal’ on behalf of the residents of Roombeek-West. If the results of the participation process should be relatively unambiguous, it will probably be hard for the councillors to ignore these signals. Especially since in the spring of 2002 new municipal elections will be due. The latter scenario, however, is rather unlikely. Even if the CMA would in fact have liked to hold on to its original plans, it is likely to submit to the pressure of public opinion and the anticipation of a likely and painful defeat in the council meeting. The more ambiguous the results of the second stage of the participation process, however, the more room for manoeuvre there will be. Problems in the institutional design of the interactive process in the case of Roombeek-West In this section we will address our third research question: What are, from a democratic perspective, the major problems of the institutional design for the planning process of Roombeek-West? From the direct democratic perspective, various aspects of the institutional arrangements of the arenas may be considered as problematic. If we follow the logic of our conceptual framework problems arise with regard to all the types of rules:
As has been indicated before, the scope of an arena can also be limited by outcomes of prior arenas. Usually deliberations in a specific arena will have to take into account some previously and externally defined conditions. Examples are: conditions in terms of the available budget, the area for which a plan has to be developed, previous agreements with other governments or other agents (e.g. land owners or real estate developers) et cetera. During the first participation sessions it was suggested once and again that in this process there would be no such prior limitations, except for an agreement between the municipality and the organisation taking care of the interests of the victims (implying a promise that every former resident should be able to return to the new neighbourhood if he or she would want to do so). Informally, however, amongst insiders it was widely known that as far as the municipality was concerned some previous council decisions with implications for the physical structure of Roombeek-West were to be considered as irreversible. All these examples clearly imply that at least during the first stages of the participatory process the direct and indirect institutionalised channels for popular influence were rather limited. Of course this does not necessarily imply that the ‘voice of the people’ will go unheard: the external town planner for example attended most of the participation sessions. Moreover he has once and again professed his intention to heed the suggestions made by the participants. There are no reasons to question the sincerity of the planner’s intentions. Nevertheless we should not forget that an evaluation of an institutional design should focus on structural strengths and flaws of the design. If the scope rules in participatory arenas are essentially non-binding, this will provide no institutional guarantees that actors in subsequent arenas will not redefine outcomes in later stages of the process. Again, inadequate formulation of institutional rules might raise expectations about ‘real influence’ among the participants, who will only find out that in the end ‘it’s still the council, an alderman or outside interests who decide what is going to happen’. From a direct democratic perspective the right of all actors, in and outside an arena, is crucial to the equal opportunity structure. Some actors might, however, have considerable objections against such normative assumptions, for they would prefer to negotiate in secrecy. This may be the case for market organisations who may have various motives (e.g. considerations of competitiveness) for confidentiality in their proceedings. In this respect it will be interesting to see how the municipality will provide information about its consultations of market organisations about their willingness to get involved in the realisation of the redevelopment plans of the neighbourhood.
Conclusion In sum it seems fair to say that the configuration of interactive arenas suffers from a lack of institutionalisation, as for instance the aggregation and scope rules of the programme and design arenas are not clearly formulated. Although it is the municipality’s proclaimed aim to give the victims a strong position in the participation process, the outcomes of the arenas where they are able to participate have to be weighted and integrated with outcomes from arenas where powerful interests have privileged access. Therefore, it is doubtful whether the results of the process will meet the participatory objectives set by the municipality. We have, however, to be cautious in our conclusions. We are only in the first phase of the process. We have argued that if in the second phase the process will be organised in such a way as to broaden the scope of the decisions in the participatory arenas, might improve their opportunities to give a clear indication of their opinions. The proclaimed political will to heed the citizens’ interests, the upcoming municipal elections, and the final say of the municipal council (that is thus able to function as a democratic court of appeal) appear to provide some guarantees for residential influence on the results of the planning process. It is perhaps ironic that the major institutional guarantees (elections and the final decision making authority of the elected municipal council) are provided by the traditional institutions of representative democracy rather than the new institutions of the interactive arenas. References Dahl, R.A. (1970). After the revolution? Authority in a good society, New Haven, Yale University Press. Denters, S.A.H., e.a. (1999). De regiefunctie van gemeenten: preadvies, Raad voor het openbaar bestuur, Den Haag. Denters, B., e.a. (2000). Aan het hoofd der gemeente staat ...: een onderzoek nar de werking van het formele gemeentelijke bestuursmodel ten behoeve van de Staatscommissie dualisme en lokale democratie. In Staatscommissie dualisme en lokale democratie (ed.), De vernieuwing van de lokale democratie, Samsom, Alphen aan den Rijn. Denters, S.A.H. en Kolk, H. van der (2000). De raad als randverschijnsel?. Bestuurskunde vol. 9, no. 2, pp. 67 - 75. Edelenbos, J. en Monnikhof, R. (ed.) (1998), Spanning in interactie: een analyse van interactief beleid in lokale democratie, Instituut voor Publiek en Politiek, Amsterdam. Judge, D. (1999). Representation: theory and practice in Britain, Routledge, London. Klijn, E.H. en Koppenjan, J.F.M. (1998), Tussen respresentatieve en directe democratie: Interactieve besluitvorming en ‘de politiek’, Bestuurskunde, vol. 7, no. 7, pp. 302-308. Morée, R. (1999). Democratie en PPS: een onderzoek naar de democratische kwaliteit van publiek-private samenwerking in het OPS-project Enschede-Noord, Faculteit Bestuurskunde Universiteit Twente (afstudeerscriptie), Enschede. Norris, P. (1999). Conclusions: the growth of critical citizens and its consequences. In Norris, P. (ed.), Critical citizens: global support for democratic governance, Oxford University Press, pp. 257 - 272. Ostrom, E., Gardner, R. en Walker, J. (1994). Rules, games and common-pool resources, The University of Michigan Press, Ann Arbor. Peppel, R. van de en Haveman, M. (1998). Auto's van het erf af: stadserf Enschede krijgt een modern en autoluw karakter. In Edelenbos, J. en Monnikhof, R. (ed.), Spanning in interactie: een analyse van interactief beleid in lokale democratie, Instituut voor Publiek en Politiek, Amsterdam, pp. 113 - 131. Scharpf, F.W. (1997). Games real actors play: actor-centered institutionalism in policy research, Westview Press, Boulder. Stoker, G. (1995). Regime theory and urban politics. In Judge, D., Stoker, G. en Wolman, H. (ed.), Theories of urban politics, Sage, London etc., pp. 54 - 71. Thomassen, J.J.A. (1991). Politieke representatie. In Thomassen, J.J.A. (ed.), Hedendaagse democratie, Samsom, Alphen aan den Rijn, pp. 165 - 186. Tsebelis, G. (1990). Nested games: rational choice in comparative politics, University of California Press, Berkeley etc..
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