7. Friends or Foes? Creative Commons, Freedom of Information Law and the European Union Framework for Reuse of Public Sector Information

2011 ◽  
pp. 169-202 ◽  
Tábula ◽  
2021 ◽  
pp. 201-213
Author(s):  
Julián Valero Torrijos

En los últimos años hemos asistido a un importante proceso de modernización tecnológica en España que ha afectado a las Administraciones Públicas. Más allá de las limitaciones en la regulación, en este proceso se percibe la importancia de los datos en general y de los datos abiertos en particular como uno de los ejes principales para reforzar las exigencias y principios del Gobierno Abierto. En esta ponencia se pretende analizar la evolución del marco normativo aplicable en España y ponerlo en relación con las recientes iniciativas que está impulsando la Unión Europea para promocionar la reutilización de la información del sector público y los datos abiertos. In the last few years we have witnessed a significant process of technological modernisation in Spain that has impacted on Public Administrations. Beyond the limitations in the regulation, in this process the importance of data and open data particularly is perceived as one of the main axes to strengthen the requirements and principles of Open Government. This lecture aims to analyse the evolution of the regulatory framework applicable in Spain and to connect it with the recent initiatives being promoted by the European Union to foster the reuse of public sector information and open data.


2016 ◽  
Vol 8 (1) ◽  
pp. 84-101 ◽  
Author(s):  
Jan Kallberg ◽  
Erik Lakomaa

The translation of the word ‘document’ in the 2003/98/EC directive on the re-use of public sector information into Swedish had several alternative words but used the word ‘handling’. The administrative law precedence for the word ‘handling’ has embedded several assumptions of the actual document, and based on a precedence that started in the 1760s the interpretation became path dependent. The Swedish case of how bureaucratic inertia and path dependence can stall the implementation of EU directives is. The Swedish government’s initial stance claimed that public sector information is not within the European Commission’s jurisdiction and driven by the definition of ‘handling’. This posture has been supported and defended by the Swedish bureaucracy, unwilling to share the information with private entities, and seeking to maximize the bureaucratic influence. The Swedish case visualizes the complexity to implement legislation pursuing information dissemination requiring the cooperation of an established path dependent bureaucracy.


Author(s):  
Yuri Biondi ◽  
Marion Boisseau-Sierra

AbstractPension obligations constitute a critical issue for public finances and budgets. This is especially true for the European Union whose institutional mechanism aims to supervise Member States’ spending through centralised budgetary rules based upon financial covenants. In this context, accounting methods of recognition and measurement of pension obligations become an integral and critical aspect of Europe’s transnational budgetary and financial supervision. Drawing upon a comprehensive overview of pension management and regulation, this article aims to analyse the ongoing debate on accounting for pension obligations with a specific attention to the harmonization of European Public Sector Accounting Standards (EPSAS). While the European Commission has been favouring the ‘indisputable reference’ to the International Public Sector Accounting Standards (IPSAS), European Member States’ practices and views remain inconsistent with the normative solution imposed by the IPSAS 25, which favours and facilitates Definite Contribution pension schemes. In this context, we do summarise the IPSAS position mimicking the IFRS, review the pension’s accounting in national statistics and EPSAS debate, and provide some building blocks for a comprehensive model of accounting for pension obligations that admits and enables several viable modes of pension management.


2008 ◽  
Vol 21 (3) ◽  
pp. 285-294 ◽  
Author(s):  
Colin C. Williams

PurposeThis paper seeks to analyse the various approaches being used by the public sector across the European Union to tackle undeclared work and to evaluate the direction of change.Design/methodology/approachTo do this, the National Action Plans for Employment 2001 and 2003 (NAPs) and the National Reform Programmes 2005‐2008 (NRPs) are analysed, along with the data collected in international reviews conducted by the European Employment Observatory in Autumn 2004 and the European Industrial Relations Observatory (EIRO) in 2005 on undeclared work.FindingsIn parallel with public sector management in other realms, where it is accepted that positive reinforcement of “good” behaviour is more effective at eliciting change than negative reinforcement of “bad” behaviour, the finding is that the public sector in EU member states is moving away from solely a repressive approach that seeks to detect and penalise offenders and towards an approach that also seeks to stimulate good behaviour by rewarding compliance. Until now, however, these positive reinforcement measures appear to remain firmly entrenched in a bureaucratic management approach that uses externally imposed direct control systems to generate reactive behaviours, rather than an internalised post‐bureaucratic approach that seeks to generate constructive pro‐activity and commitment to tax morality on the part of populations.Originality/valueThis is one of the first attempts to evaluate how public sector management is tackling undeclared work in European member states.


2015 ◽  
Vol 8 (2) ◽  
pp. 324-348 ◽  
Author(s):  
Sebastian Godenhjelm ◽  
Rolf A. Lundin ◽  
Stefan Sjöblom

Purpose – The purpose of this paper is to establish an understanding of what projectification means, how projectification is driven forward, as well as what the consequences of projectification are in an European Union (EU) context, and in the public sector in general. Design/methodology/approach – The research methods consist of a literature review as well as a meta-analysis of key EU policy documents related to the functioning of regional development and projects. The paper shows that structural developments brought forth by a projectification in a public sector context have significant consequences. Findings – Without contextually sensitive interlinking mechanisms between temporary and permanent structures projects risk losing their flexible and innovative qualities, and may fragment the ability of permanent organisations for maintaining coordination and continuity. The findings suggests that the proximity of permanent organisations, the discretion of entrepreneurship, the political priority of the task, the inclusion of competencies and interests, and the quality of transfer mechanisms are essential variables in explaining the outcome of temporary organisations in a politico-administrative context. Research limitations/implications – The paper contributes to the literature on projects in a public sector context and suggests that comparative research on the drivers and consequences of public sector projectification in supranational as well as national contexts is needed. Practical implications – The increasing requirements for applied project management skills and methods as criteria for project selection in the public sector highlight the importance of a broader theoretical and practical understanding of projectification. Originality/value – The paper adds a new dimension to the projectification debate by presenting a descriptive and conceptual discussion about the consequences of public sector projectification in an EU context. It complements an existing theory of the temporary organisation and takes the first steps towards a theory applicable to projectification in a public context.


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