The Information Access Law as a Full Constitutional Citizenship Instrument

This chapter addresses the right of access to information, reinforced as a fundamental rule for citizens in the Brazilian constitutional norm of 1988, now regulated, more closely, from the enactment of the law on access to information in 2011. It represents an important legislative instrument of reinforcement of the principle of publicity, as well as the main infraconstitutional standard guaranteeing access to information. The requirement of a clear and transparent accountability environment by the public manager is a republican assumption of massive participation by society. This is because the right of access to information of a public nature provides a better control of public expenditures, while allowing, on the other hand, promotion of social control of a diffuse nature. It should be pointed out that, with greater knowledge of their own rights, the citizen goes through a faster inclusion process, either in the subjectivation of a minimal role of rights that he does not know, or in the clarification of his duties as a participant in the process of state maintenance.

Digital Ethics

The purpose of this chapter is to discuss strategies that can be applied in the domain of cyberlaw. The chapter begins by distinguishing between ethics, morality, and law. It then focuses on the relation between ethics and digital technologies. The chapter then examines proposals for what should be included in codes of ethics as well as examples of codes of ethics for IT companies. The examples include the British Computer Society, the Association for Computer Machinery, and the Data Processing Management Association. Next, ethical codes for regulating automation, computerization, and artificial intelligence are summarized. The chapter then discusses ethical issues surrounding privacy, anonymity, and personal data, including the EU's right of access by data subjects as well as issues connected with big data. The chapter then focuses on crimes caused by digitization and the protection of intellectual property. The chapter concludes by considering recent laws of ecommerce as well as social and international legal challenges of regulating cyberspace.

THE CONSTITUTIONAL RIGHT OF ACCESS TO PUBLIC SERVICE ON THE SAME TERMS AND THE ISSUE OF EMPLOYING A LOCAL GOVERNMENT EMPLOYEE FOR THE PERIOD OF REPLACEMENT – REFLECTIONS ON THE TOPIC

The study attempts to analyse the legal regulation concerning the employment of a local government employee for a replacement period from the point of view of the constitutional right of access to public service on equal terms. The study refers jurisprudence (in particular to the decisions of the Constitutional Tribunal). This solution is an exception to the general rule of competitive and open recruitment. It should be emphasised that the right resulting from Article 60 of the Constitution of the Republic of Poland is not absolute. Hence the introduction of „exceptions” is permissible. However, this should be supported by another constitutional value. The analysed statutory regulation is only temporary (for the period of excused absence of an employee). It is based on the principle of efficiency and reliability of public institutions resulting from the preamble to the Constitution of the Republic of Poland. The purpose of this solution is to ensure the effective performance of tasks by the local government.

SHAPING THE SYSTEM OF JUDICIAL CONTROL OF DISCIPLINARY DECISIONS IN SERVICE RELATIONSHIPS

Initially, disciplinary liability was not subject to judicial control. The shaping of the judicial control of disciplinary decisions was a long-standing process which was finally established with the entry into force of the constitutional principle right of access to court. A systemic analysis of the provisions in question indicates that the system and functioning of this institution are not based on clear and rational assumptions that meet the postulated criteria of a satisfactory (decent) regulation. Existing provisions often regulate institutional, material and procedural aspects of this control in a different way. This approach to the control system puts the litigant parties (especially the accused) in unjustifiably different procedural situations resulting from different rules of procedure in force in common courts of law and administrative courts.

Implementation of Human Rights and the Mandatory Precedents in Foreign Trade, Legal Effectiveness: Mexico Case

We make an analysis of the implementation of human rights and the mandatory precedent in matters of Mexican foreign trade, in an administrative and judicial context in the search for legal effectiveness with constitutional control, highlighting the implementation of human rights contained in treaties commercial, such as access to justice and prompt and expeditious; We point out a recent case of human rights and foreign trade, with the implementation in the Mexican legal system, of the Free Trade Agreement Mexico United States Canada, before the Supreme Court of Justice of the Nation, as well as a possible proposal before the provisions of its Article 14.D.5, regarding the right of access to prompt and expeditious justice in investment matters, and avoiding the resolution of controversies before international arbitration panels that have been questioned.

International legal guarantees for the realization of human and citizen rights to environmental information

In the article considered guarantees of the right on access to ecological information fixed in international legal documents. Also made a research on state of implementation such international instruments in national Ukrainian legislation, separate legal instruments of realization the right to get ecological information. Made examples of successful defence of the broken right on access to ecological information. In order to exercise the right to information, it is important not only to have the norms enshrined in the legislation, but also the system of guarantees and opportunities for their implementation, which should be provided by public authorities. International legal documents establish only general approaches to the protection of rights, and their further development and consolidation is undoubtedly entrusted to national authorities. The analysis of the current national legislation allows to state that in general the international legal norms have found the reflection in national regulatory legal acts. However, over time, approaches to understanding environmental information, expanding its list, the subjects who have the right to receive it, so work in this direction should continue in order to increase the possibility of exercising the right of access to such information. Keywords: ecolaw, right on access to ecological information, guarantees of right on access to ecological information, international guarantees of right on access to ecological information

Reuse of the transparency-related information posted on Spanish library and archive websites

This study addresses the types of formats and ease of reuse of transparency-related information available on the websites of 53 national public libraries and 53 provincial historic archives. Further to Spain’s Transparency Act, reuse of public sector information is one of the elements comprising the right of access to information. Access and use must consequently be ensured to enable citizens and businesses to reuse all available data. The working methodology deployed here consisted in searching for, identifying and analysing the transparency-related documents carried on library and archive websites and the legal warnings governing their reuse. The findings revealed a wide variety of formats and rules governing reuse and indications of scant interest in these institutions in fostering the transparency and reuse of public information. Even when available, reusable information was normally found to be posted either separately from the data furnished by libraries and archives directly or positioned on pages or sections with complex access paths.