Why a study on the telematic procedures in the European Union
REFERENCE RULES AND DOCUMENTS
oTreaty of Lisbon
oEuropean charter of fundamental
1999/93/EC of the European Parliament and of the Council of 13 December
1999 on a Community framework for electronic signatures
2004/387/EC of the European Parliament and of the Council of 21 April
2004 on interoperable delivery of pan-European eGovernment services to
public administrations, businesses and citizens (IDABC)
2003/98/EC of the European Parliament and of the Council of 17 November
2003 on the re-use of public sector information
2004/18/EC of the European Parliament and of the Council of 31 March
2004 on the coordination of procedures for the award of public works
contracts, public supply contracts and public service contracts
2006/123/EC of the European Parliament and of the Council of 12
December 2006 on services in the internal market
of 16 October 2009
setting out measures facilitating the use of procedures by electronic
means through the ‘points of
single contact’ under Directive 2006/123/EC of the European
Parliament and of the Council on
services in the internal market
of a simple telematic administrative procedure (Cagliari, november 2008)
of the work group
SEE THE ITALIAN TEXT
Prof. Giovanni Duni
Full Professor in Administrative Law
in the Faculty of Political Science, he was twice Dean in the same Faculty.
Main scientific interests:
1. liability of the Public Administration for illicit acts and in
2. information technology in the administration
As regards the P.A. liability.
Professor Duni has authored a vast volume (700 pages),
published in 1968. Within a systematic overview of the subject he was the
forerunner of avant-garde theories only recently accepted: a) the
reparability of legitimate interests [to obtain a given service] (accepted by
the Court of Cassation in 1999); b) the need for the principle that the
indemnification in the expropriations correspond to the monetary value
(accepted by the European Court of Human Rights from 2000 and by the
Constitutional Court in 2007).
As regards the IT in the informatics in the Public Administration.
Prof. Duni is the inventor of the Electronic Administrative
Act, of the electronic signature and of the telematic management of procedures
since 1978; all these concepts are now accepted by the national as well as the
European legislator. In 1991 he developed a holistic project, called Teleadministration,
based on clear rules that ensure speed, transparency and responsibility, and
simultaneously, guarantee authenticity.
He has authored numerous publications on the subject, the
last one being L'amministrazione
digitale. Il diritto amministrativo nella evoluzione telematica, [The Digital Administration.
Administrative Law in the Telematic Evolution] Milano, 2008.
He was a member of the Committee for Region's Reform (team
for information technology). He coordinated the international congress hosted
by Italy during the semester of Italian EU presidency: Legal tools for e-Government in Europe, Caserta, 20-22 novembre
Born in Naples on December 27th 1939.
He obtained the position of full Professor in Public Law Institutions through a
competitive examination in 1972. He was director of legal Institute in the
Faculty of Political Science of Cagliari since 1972 and also Preside (dean) in
the same Faculty from 1976 to 1979. He moved to LUISS University (Rome) in
November 1979, where he was held Director of the Legal Interfaculty
Institute. From November 1984 he returned to Sardinia as full Professor
in Administrative Law in the Faculty of Political Science in Cagliari, and in
1985 he was Director of the Legal Institute and Regional Studies.
From 1994 to 1996 he was again Dean of the Faculty.
From 1999 to 2004 he was Director of the Dept. of Public Law
of the faculties of Law and Political Science of the University of Cagliari.
From the XVI cycle (1999/2000) he is coordinator of the PhD
courses (Doctorate of Research) in Diritto
dell'attività amministrativa informatizzata e della comunicazione pubblica,
[Computerised administration and public
communication law], with its administrative office in Cagliari and with the
participation of Universities of: Pisa, IUO in Naples, Perugia, Modena,
Bologna, Trento and Roma Sapienza; Roma Tor Vergata; Castilla La Mancha;
Lecce; Sassari; Münich.
Of his about 70 publications, 30 deal with Information
technology in the administration.