EUROPEAN WORK GROUP ON TELEMATIC PROCEDURES

Coordinator: Prof. Giovanni Duni

A STUDY OF A POTENTIAL EU DIRECTIVE

 

 

Participants from: IT ES FR MT LUX PT IR AU D

 

 
Why a study on the telematic procedures in the European Union


REFERENCE RULES AND DOCUMENTS


oTreaty of Lisbon


oEuropean charter of fundamental rights


oDirective 1999/93/EC of the European Parliament and of the Council of 13 December 1999 on a Community framework for electronic signatures 


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 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information 


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


oDirective 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market 


oCommission decision
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 



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Research on teleadministration

 

Simulation of a simple telematic administrative procedure (Cagliari, november 2008)

 

Previous acrivities of the work group

 

ENGLISH TEXT
SEE THE ITALIAN TEXT

 

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