EUROPEAN WORK GROUP ON TELEMATIC PROCEDURES
A STUDY OF A POTENTIAL EU DIRECTIVE
oDecision 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)
oDirective 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
of the work group
Why a study on the telematic procedures in the European Union
This website contains the results of the collective effort of 33 European scholars who participated in a series of conferences on the subject of telematic procedure in European Public Administrations. The working group, who later collected and coordinated all the suggestions, found that the most useful conclusion of this work was to write a final text in the form of a possible EU directive.
There are 25 “whereas”: a deliberately large number, as they constitute a veritable report supporting the entire project.
To the specialist in administrative law, it is blatantly obvious that the activity of the public administrations is based on the procedure, defined as a set of rules governing the initiation, investigation, transparency, participation, cooperation among offices and public bodies.
To the scholar of administrative law it is also obvious that the main legal acts of public administrations are the result of a set of complex activities, conducted through the cooperation of various governmental bodies and several offices. Only few minor acts are performed by a single office and a single public official.
However, such awareness did not result in adequate , complete and executable regulation, when the Community and national legislators resolved to regulate the use of ICT in public administrations exclusively by way of dematerialization of documents.
Since the early days, research on the Tele-administration (1978) had shown that the purpose of dematerialization was to enable networked management of digitalized procedures.
Conversely, up to the present moment, the attention of legislators (with some exceptions) has focused on the electronic document, ignoring the essential phase of its creation. That is, the administrative telematic procedure.
As this knowledge is now acquired, or at least it is gaining grounds, it seems highly appropriate that the EU play its role, just as it did for electronic signatures in 1999, of coordinating the various solutions before they are adopted by individual Member States, before creating preset situations that are difficult to remove, with the disastrous effect of making it impossible for the administrations of States to interoperate digitally and telematically among themselves (horizontal interoperability) and with the EU institutions (vertical interoperability). In this situation, the operational difficulties for the European citizen would be self-evident.
The legal basis for intervention, as well as the limits of the Directive, are clearly stated in the whereas of the text, and we refer to them.
Prof. Giovanni Duni