scholarly journals Viešojo intereso balansas Europos Parlamento ir Tarybos reglamento (EB) Nr. 1049/2001 kontekste

Teisė ◽  
2010 ◽  
Vol 77 ◽  
pp. 146-161
Author(s):  
Gintarė Makauskaitė

Straipsnyje tiriami viešojo intereso balanso Europos Parlamento ir Tarybos Reglamento (EB) Nr. 1049/2001, nustatančio visuomenės teisę susipažinti su Europos Parlamento, Tarybos ir Komisijos dokumentais, kon­tekste aspektai. Daug dėmesio skiriama išlygoms, ribojančioms bendrąjį viešąjį interesą, analizuoti, at­skleidžiamos viešojo intereso testo taisyklės ir jų taikymo praktika. Daroma išvada, kad visuomenės teisės susipažinti su dokumentais efektyvumui turi reikšmės viešojo intereso sampratos neapibrėžtumas, tai, kad nėra bendrų viešojo intereso testo taisyklių, ir perteklinis išlygų skaičius. The aspects of the public interest balance are discussed in the context of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents. The attention is paid to the exemptions of the general public interest as well as to the rules and practice of the public interest test. The author concludes that the conceptual indeterminacy of public interest, the absence of common rules for the public interest test and the excessive number of exceptions have impact on the ef­fectiveness of the right to the public sector information.

Author(s):  
Kranenborg Herke

Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with Union or Member State law to which the public authority or body is subject in order to reconcile public access to official documents with the right to the protection of personal data pursuant to this Regulation.


Author(s):  
A. C. i Martinez

Information in the hands of public administrations plays a fundamental role in developing democracies and carrying out daily tasks—not only the public administrations’ tasks, but also those of the general public and companies (European Commission, 1998). New information and communications technologies (ICT) are vastly increasing the range of information in the hands of the general public and considerably diversifying both quantitatively and, above all, qualitatively the tools for conveying this, with the Internet being the means chosen by Organisation for Economic Co-Operation and Development (OECD) Member States to provide the general public with access to the information held by the administration (OECD, 2003). Nowadays, public administrations create, collect, develop and disseminate large amounts of information: business and economic information, environmental information, agricultural information, social information, legal information, scientific information, political information and social information. Access to information is the first step towards developing e-governments and is something that has grown most in recent years, not only from the viewpoint of supply but also of demand. At present, most people using e-government do so to obtain information from public administrations. Throughout history, information has not always had the same relevance or legal acknowledgement in the West. Bureaucratic public administrations had no need to listen to the general public nor notify citizens of their actions. Hence, one of the bureaucratic administration’s features was withholding the secret that it had legitimized, since this was considered the way to maintain the traditional system of privileges within the bureaucratic institution—by making control and responsibility for information difficult, and also by allowing the public administration to free itself of exogenous obstacles (Arteche, 1984; Gentot, 1994). In most European countries, except the Nordic countries (Sweden, Norway, Finland), secrets were the dominant principle. For instance, it was not until 1978 that France passed a law concerning access to public sector information; in 1990, Italy did likewise. Crises in the bureaucratic model of public administration have brought with them the existence of new models. Receptivity, focusing on the client and quality management, have been some responses to the crisis of this model in the 1980s and 1990s, since the advent of the post-bureaucratic paradigm ( Mendieta, 1996; Behn, 1995). The process of modernizing Public administrations has meant that those governed have come to be considered clients of these administrative services (Brugué, Amorós, & Gomà, 1994). Citizens, considered as clients, now enjoy a revitalized status as seen from public administrations, which provides citizens with a wide range of rights and powers in order to carry out their needs, including obtaining information from the administration (Chevalier, 1988). This process has coincided over the years with the rules regulating access to public-sector information being extended in countries of the West. But the evolution does not stop here. Societies that are pluralist, complex and interdependent require new models of public administration that allow the possibility of responding and solving present challenges and risks (Kooiman, 1993; OECD, 2001b). Internet administration represents a model of public administration based on collaboration between the administration and the general public. It has brought about a model of administration that was once hierarchical to become one based on a network in which many links have been built between the different nodes or main active participants, all of whom represent interests that must be included in the scope of general interest due to the interdependence existing between them (Arena, 1996). The way the administration is governed online requires, first and foremost, information to be transparent, with the aim of guaranteeing and facilitating the participation of all those involved (European Commission, 2001). It is essential that all those involved in the online process are able to participate with as much information as possible available. Information is an indispensable resource for decision-making processes. The strategic participants taking part in these will consider the information as an element upon which they may base their participation online. Information becomes a resource of power that each participant may establish, based on other resources he or she has available, and this will influence their strategies in the Internet. This allows us to see that the networks distributing information may be asymmetrical, which leads to proposing a need to adopt a means to confront this asymmetrical information. In this task, ICT can be of great help with the necessary intervention of law. Public-sector information has an important role in relation with citizens’ rights and business. Public administration also needs information to achieve its goals.


2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Proscovia Svärd

This article is based on a pilot study that investigated the Swedish people’s awareness of the Swedish Public Sector Information (PSI) directive, their understanding of the difference between the PSI-directive and the Public Access Act and whether they had the prerequisite skills required for the use of the Public Sector Information (PSI). Sweden has a long tradition of readily access to official documents which could have delayed the implementation of the European PSI-directive that was enacted in 2003. Sweden implemented its Public-Sector Information (PSI) directive in 2010. The Directive focuses on the commercialization of government information to create an information market and to promote innovation. In Sweden, the PSI directive is intrinsically linked to the e-Government development policy. The study applied a literature review and interviews as data collecting techniques. Sixteen interviews were conducted with varying occupations such as students, a personnel manager, a head of a unit, a doctoral student, a pensioner, a clinical research associate, a workers’ union employee, a web designer, two archivists, a head of an archival institution, an associate professor, a receptionist, and two shoemakers. The conclusion is that there is a need to create awareness about the PSI directive, offer training, and to create an IT infrastructure and projects to promote information about the PSI to avoid a societal a digital divide. The reviewed literature confirmed that PSI usage is still concentrated in the hands of a few citizens that is, those that are already digitally empowered. The study had limitations since it based on a limited number of respondents which means that the results cannot be generalized. 


2011 ◽  
pp. 3179-3186
Author(s):  
Agustí Cerrillo i Martinez

Information in the hands of public administrations plays a fundamental role in developing democracies and carrying out daily tasks—not only the public administrations’ tasks, but also those of the general public and companies (European Commission, 1998). New information and communications technologies (ICT) are vastly increasing the range of information in the hands of the general public and considerably diversifying both quantitatively and, above all, qualitatively the tools for conveying this, with the Internet being the means chosen by Organisation for Economic Co-Operation and Development (OECD) Member States to provide the general public with access to the information held by the administration (OECD, 2003). Nowadays, public administrations create, collect, develop and disseminate large amounts of information: business and economic information, environmental information, agricultural information, social information, legal information, scientific information, political information and social information. Access to information is the first step towards developing e-governments and is something that has grown most in recent years, not only from the viewpoint of supply but also of demand. At present, most people using e-government do so to obtain information from public administrations. Throughout history, information has not always had the same relevance or legal acknowledgement in the West. Bureaucratic public administrations had no need to listen to the general public nor notify citizens of their actions. Hence, one of the bureaucratic administration’s features was withholding the secret that it had legitimized, since this was considered the way to maintain the traditional system of privileges within the bureaucratic institution—by making control and responsibility for information difficult, and also by allowing the public administration to free itself of exogenous obstacles (Arteche, 1984; Gentot, 1994). In most European countries, except the Nordic countries (Sweden, Norway, Finland), secrets were the dominant principle. For instance, it was not until 1978 that France passed a law concerning access to public sector information; in 1990, Italy did likewise. Crises in the bureaucratic model of public administration have brought with them the existence of new models. Receptivity, focusing on the client and quality management, have been some responses to the crisis of this model in the 1980s and 1990s, since the advent of the post-bureaucratic paradigm ( Mendieta, 1996; Behn, 1995). The process of modernizing Public administrations has meant that those governed have come to be considered clients of these administrative services (Brugué, Amorós, & Gomà, 1994). Citizens, considered as clients, now enjoy a revitalized status as seen from public administrations, which provides citizens with a wide range of rights and powers in order to carry out their needs, including obtaining information from the administration (Chevalier, 1988). This process has coincided over the years with the rules regulating access to public-sector information being extended in countries of the West. But the evolution does not stop here. Societies that are pluralist, complex and interdependent require new models of public administration that allow the possibility of responding and solving present challenges and risks (Kooiman, 1993; OECD, 2001b). Internet administration represents a model of public administration based on collaboration between the administration and the general public. It has brought about a model of administration that was once hierarchical to become one based on a network in which many links have been built between the different nodes or main active participants, all of whom represent interests that must be included in the scope of general interest due to the interdependence existing between them (Arena, 1996). The way the administration is governed online requires, first and foremost, information to be transparent, with the aim of guaranteeing and facilitating the participation of all those involved (European Commission, 2001). It is essential that all those involved in the online process are able to participate with as much information as possible available. Information is an indispensable resource for decision-making processes. The strategic participants taking part in these will consider the information as an element upon which they may base their participation online. Information becomes a resource of power that each participant may establish, based on other resources he or she has available, and this will influence their strategies in the Internet. This allows us to see that the networks distributing information may be asymmetrical, which leads to proposing a need to adopt a means to confront this asymmetrical information. In this task, ICT can be of great help with the necessary intervention of law. Public-sector information has an important role in relation with citizens’ rights and business. Public administration also needs information to achieve its goals.


2008 ◽  
pp. 2558-2573
Author(s):  
Agustí Cerrill i Martinez

Information in the hands of public administrations plays a fundamental role in developing democracies and carrying out daily tasks—not only the public administrations’ tasks, but also those of the general public and companies (European Commission, 1998). New information and communications technologies (ICT) are vastly increasing the range of information in the hands of the general public and considerably diversifying both quantitatively and, above all, qualitatively the tools for conveying this, with the Internet being the means chosen by Organisation for Economic Co-Operation and Development (OECD) Member States to provide the general public with access to the information held by the administration (OECD, 2003). Nowadays, public administrations create, collect, develop and disseminate large amounts of information: business and economic information, environmental information, agricultural information, social information, legal information, scientific information, political information and social information. Access to information is the first step towards developing e-governments and is something that has grown most in recent years, not only from the viewpoint of supply but also of demand. At present, most people using e-government do so to obtain information from public administrations. Throughout history, information has not always had the same relevance or legal acknowledgement in the West. Bureaucratic public administrations had no need to listen to the general public nor notify citizens of their actions. Hence, one of the bureaucratic administration’s features was withholding the secret that it had legitimized, since this was considered the way to maintain the traditional system of privileges within the bureaucratic institution—by making control and responsibility for information difficult, and also by allowing the public administration to free itself of exogenous obstacles (Arteche, 1984; Gentot, 1994). In most European countries, except the Nordic countries (Sweden, Norway, Finland), secrets were the dominant principle. For instance, it was not until 1978 that France passed a law concerning access to public sector information; in 1990, Italy did likewise. Crises in the bureaucratic model of public administration have brought with them the existence of new models. Receptivity, focusing on the client and quality management, have been some responses to the crisis of this model in the 1980s and 1990s, since the advent of the post-bureaucratic paradigm ( Mendieta, 1996; Behn, 1995). The process of modernizing Public administrations has meant that those governed have come to be considered clients of these administrative services (Brugué, Amorós, & Gomà, 1994). Citizens, considered as clients, now enjoy a revitalized status as seen from public administrations, which provides citizens with a wide range of rights and powers in order to carry out their needs, including obtaining information from the administration (Chevalier, 1988). This process has coincided over the years with the rules regulating access to public-sector information being extended in countries of the West. But the evolution does not stop here. Societies that are pluralist, complex and interdependent require new models of public administration that allow the possibility of responding and solving present challenges and risks (Kooiman, 1993; OECD, 2001b). Internet administration represents a model of public administration based on collaboration between the administration and the general public. It has brought about a model of administration that was once hierarchical to become one based on a network in which many links have been built between the different nodes or main active participants, all of whom represent interests that must be included in the scope of general interest due to the interdependence existing between them (Arena, 1996). The way the administration is governed online requires, first and foremost, information to be transparent, with the aim of guaranteeing and facilitating the participation of all those involved (European Commission, 2001). It is essential that all those involved in the online process are able to participate with as much information as possible available. Information is an indispensable resource for decision-making processes. The strategic participants taking part in these will consider the information as an element upon which they may base their participation online. Information becomes a resource of power that each participant may establish, based on other resources he or she has available, and this will influence their strategies in the Internet. This allows us to see that the networks distributing information may be asymmetrical, which leads to proposing a need to adopt a means to confront this asymmetrical information. In this task, ICT can be of great help with the necessary intervention of law. Public-sector information has an important role in relation with citizens’ rights and business. Public administration also needs information to achieve its goals.


2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.


Author(s):  
Dirk Voorhoof

The normative perspective of this chapter is how to guarantee respect for the fundamental values of freedom of expression and journalistic reporting on matters of public interest in cases where a (public) person claims protection of his or her right to reputation. First it explains why there is an increasing number and expanding potential of conflicts between the right to freedom of expression and media freedom (Article 10 ECHR), on the one hand, and the right of privacy and the right to protection of reputation (Article 8 ECHR), on the other. In addressing and analysing the European Court’s balancing approach in this domain, the characteristics and the impact of the seminal 2012 Grand Chamber judgment in Axel Springer AG v. Germany (no. 1) are identified and explained. On the basis of the analysis of the Court’s subsequent jurisprudence in defamation cases it evaluates whether this case law preserves the public watchdog-function of media, investigative journalism and NGOs reporting on matters of public interest, but tarnishing the reputation of public figures.


1986 ◽  
Vol 15 (3) ◽  
pp. 273-292 ◽  
Author(s):  
N.J. Williams ◽  
J. Sewel ◽  
F. Twine

ABSTRACTIt has been argued that council house sales will contribute towards a more general process of residualization of public sector housing. Empirical evidence is presented in this context derived from surveys of purchasers and non-purchasers of council dwellings in the city of Aberdeen. This evidence confirms that purchasers and non-purchasers exhibit different socio-economic characteristics and after only four years of the Right to Buy legislation significant numbers of households in social classes I, II and III have left the public sector via the mechanism of sales. The small number of sales relative to the stock as a whole, however, has meant that the overall contribution of sales towards residualization has been small. This evidence from Aberdeen is compared to evidence from elsewhere and related to the varying pattern of sales across the country as a whole.


2021 ◽  
Vol 11 (4) ◽  
pp. 112-138
Author(s):  
D.A. FEDYAEV

In the Russian Federation, as in a number of other economically developed countries, there are legal restrictions on the admission of foreign investors to participate in commercial corporate organizations of strategic importance for national defence and state security. Failure by foreign investors to comply with this mechanism leads to the nullity of transactions and, as a consequence, to legal disputes, the subject of which are mainly restitution claims. There have been numerous problems and academic debates in recent court practice regarding the reasons and the possibility of satisfying such claims. In particular, in view of the changed circumstances after the conclusion of the contested transaction, the real public interest is not always visible pursued by the claim for application of consequences of its invalidity. The author proposes that in the course of judicial proceedings in such cases, when the defendant raises the relevant reasoned objections, not only to state the fact of violation of the law by a foreign investor, but also to reveal the public interest defended by the foreign investor. The author proposes that, in such cases, the defendant’s arguments should not be limited to stating that the foreign investor has breached the law. If one is not established, a claim may be dismissed under certain conditions, taking into account established doctrinal approaches to the understanding of the right of action.


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