Τετάρτη, 4 Μαρτίου 2009

Σχέδιο οδηγίας για τις διαδικασίες τηλεματικής στον δημόσιο τομέα

To blog Information Law δημοσιευει σημερα το προσχεδιο οδηγιας που θα καταστησει δυνατη την εναρμονιση του δικαιου των κρατων μελων όσον αφορά την ηλεκτρονική διακυβέρνηση. Ελπίζουμε να αποδωσει η σχετική προσπάθεια και να αναληφθούν και νέες πρωτοβουλίες, ώστε να προχωρήσει επιτέλους η ηλεκτρονική διακυβέρνηση σε όλη την ΕΕ.

Για περισσότερες πληροφορίες κάντε κλικ εδώ.

Community Directive on the theme of Telematic Procedures and Interface with the Citizen

Draft Directive

Art. 1
Telematic front office

Administrative procedures initiated by citizens can be activated through information and telecommunication technology.
As an alternative to telematic access, administrations can provide a physical desk for public access, manned by a civil servant who can activate the telematic procedure on behalf of the citizen or firm that requests it.
Administrative procedures initiated by the offices are communicated to those concerned through secure IT systems or through paper-based communication. The communication also contains the instructions for access to the procedure’s data.
Public administrations will guarantee the safekeeping of the proceedings and electronic documents in general, so as to ensure their correct dating and non-modification.
The citizens and firms involved in the procedure will have access to the electronic folder as per art. 5, from which the progress of the procedure will be known.


Art. 2
Telematic one stop shop

When a procedure requires the participation of several public administrations, the law indicates which administration will be responsible (proceeding administration).
The citizen or firm present their application and documentation to the proceeding administration, who will interact with the other public administrations.
In the absence of explicit indications, will be responsible for the procedure the Administration to which the citizen or firm has presented application according to law.


Art. 3
Responsibility for technical management and responsibility for administrative management

Technical structures for the management of telematic procedures are created and managed by the proceeding administrations within the size and capabilities that can guarantee their full functionality.
Whenever an administrative body is unable to organize the technical requirements for the management of telematic procedures, a larger territorial body will guarantee fulfilment of those needs, supplying to the proceeding administration a service which will enable it to exercise the substantial competence that the law entrusts to it.


Art. 4
Electronic documents of each administration

Any administration that needs to express its will towards a citizen or another administration, produces an electronic document and organises autonomously its internal telematic procedure. Citizens and firms involved in the telematic procedure of a single administration have access to it.
The final electronic document regarding activities for which a single administration is competent, must possess the technical requirements of readability as per art.6.

Art. 5
Electronic Dossier folder

Each proceeding administration creates an electronic dossier folder for each procedure over which it has responsibility.
The electronic dossier is shared among all involved offices and administrations.
The electronic dossier contains:
a) Applications and documentations from the citizen or firm,
b) The document initiating the procedure from the office;
c) Registry numbers of incoming and outgoing documents;
d) Registry data on documents transmitted within the administration or to other administrations and associated responses.
e) Data on the operations within the administration;
f) Decisions and comments from the external administrations that must take part to the procedure;
g) Any other data relating to lawful activities for the same procedure;
h) The final act.

Interested citizens and firms may access the electronic folder, after appropriate electronic identification.

Art. 6
Technical readability of the documents

Electronic documents from public administrations must possess the technical requirements that ensure the widest possible readability, not linked to proprietary operative systems or software. Electronic documents must be written with software that can ensure its readability over time.
A Committee of Experts is created at the European Commission, charged with setting the specifications of the public administration documents and their readability over time, also by means of conversion with new generation software.
For the purpose of filing the most relevant final documents in long term archives, the parallel use of paper based documents is also allowed.

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