European telematic administrative procedures
A
study for the drafting of a shared document that will be
introduced to the E.U. Commission in order to a possible directive
Preliminary outline
Systematic studies on the
‘dematerialization’ of administrative activity (digital
administration- e-government) indicate that there has been
considerable development in the following areas:
Research
studies have nevertheless revealed that the development of the
electronic
signature and electronic documents has not been and still is not
sufficient for the functioning of the bureaucratic machinery for a
basic reason that can no longer be disregarded: the electronic
administrative document is seldom the product of a single agent; the
most important processes and procedures in public administration are
almost always the result of cooperation between several offices and
autonomous administrative bodies, each of which has the task of
protecting and safeguarding the different public interests involved
in such procedures.
Until
now, the move towards ‘dematerialization’ has mainly concerned
the static aspects (such as the electronic document), while the
regulation of the dynamic aspects has been neglected; by “dynamic
aspects” we mean the formal activity necessary for the production
of an electronic document as the result of cooperation among offices
and public bodies, i.e. the telematic
administrative procedure.
European telematic administrative procedures
A
common European regulation for a
telematic administrative process is becoming more and more urgent, in
order to avoid each member state adopting different and diverse
solutions, interfering with the integration of juridical systems and
hindering the smooth interaction between the European citizen (and
entrepreneurs) and the public administration offices in whatever
country of the European Union.
Beyond
this basic question, there is also a need to
put into effect the telematic integration of processes in which State
members and community institutions are involved (vertical
integration) and those processes in which several State members are
involved (horizontal integration: welfare, taxation system). Finally,
the internal administration of community institutions themselves
should start utilizing these solutions, both for its improved
functioning and for the above-mentioned need for vertical
integration.
Due
to the rise in the cost of oil, every effort aiming at reducing the
need for the commuting mobility of civil servants is to be pursued
with the utmost commitment. Regulating all bureaucratic processes is
a prime objective today in order to ensure the growth of teleworking
within administrations, between offices (such as telematic
conferences), and between other equipped,
peripheral units. The ultimate goal is promoting home-based
teleworking, so far almost impossible to activate owing to the
absence of clear regulations on administrative processes.
Provisional work program
In
the event of positive feedback regarding the request for funding from
some public bodies, several meetings will
be scheduled followed by a further stage for the drafting of a
(possible) text for a community directive.
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Preparatory
events: July and September 2008:
one or more preliminary meetings between the small circle of those
organising the congress, European commission representatives, and
the other national partners involved, in order to elaborate a
working document which will be discussed during the congress.
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Main
event: Autumn
2008: a European congress, where the convenors will be the delegates from the State
members and from the European Commission; members of the CNIPA and
representatives/leading figures in the Court of Cassation.
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Following
events: One or more restricted
meetings during which, based on the congress’ results, a text on the
matter of electronic administrative procedures will be drafted and then proposed to the European
Commission to be used for a proposal of directive addressed to the European
Parliament and Council in a jointly adopted decision.
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Permanento blog: As
soon as possible a permanent blog will be start up, where every
participant at the research will insert their proposals,
organized into: a) motivations; b) problems; c) proposals of law. Every
participant will have hisuser name and his password to manage his
account, and he will be able to read every text written by the other
participants.
Initiative promoting body and involved subjects
The
University of Cagliari has taken the initiative for these meetings,
since research carried out here has demonstrated the unavoidable
necessity for the implementation of regulations for telematic
administrative procedures and that it is now opportune that this
discipline should have a common European basis. The promoting body is
celebrating its thirtieth anniversary of research, since the idea of
dematerialization of the administrative process was firstly conceived
in the distant year of 1978, presented in a congress at the Court of
Cassation, and developed later as a specific research doctorate.
The
Court of Cassation and the CNIPA (National Centre for the Information
system in Public Administration) are participating in the project.
The initiative is under the
High Patronage of the President of the Italian Republic.
Invito
The
organizing staff will invite
representatives from each State member of the EU and delegates from
the European Commission to participate in the project.
The
invitation is for the plenary meeting and for possible workshops in July, September, and
October 2008 for selected groups. The financial plan in preparation
provides for the refund of expenses for the invited guests.
DECLARATION OF INTEREST FORM ON LINE FOR INSTITUTIONAL REPRESENTATIVES
DECLARATION OF INTEREST FORM ON LINE FOR EXPERTS IN THE SUBJECT