Environmental Protection Through E-Regulation: Critical and Empirical Perspec...Rónán Kennedy
Sometimes the most commonplace and uninteresting tools demand close attention because their mundane nature means that their role is misunderstood. The use of computer technology by government – specifically, by environmental regulators – is one such instance. Information and communications technology (ICT) is increasingly deployed in bureaucratic and regulatory processes throughout the developed world; as in commerce and industry, software code and databases are becoming the invisible ‘glue’ that interconnects the various actors in the regulatory system and weaves an invisible web of control between decision-makers, regulated entities and ordinary citizens. Nonetheless, this topic has received only disconnected academic attention, perhaps because there is little that seems intrinsically interesting about a database.
The issues which ICT raises are not always obvious but nonetheless significant if we are to make the best use of these new tools without unwittingly sacrificing important principles. There is now a substantial body of literature on regulation and ICT. However, this focuses on either ‘information’ or ‘communications’, rarely on both together or on the use of ICT for regulation rather than something to be regulated. There are few theoretical or practical perspectives on the role of ICT in environmental regulation. This paper applies both in combination, developing a values-based, analytical and empirically grounded framework in order to contextualise the use of ICT as a regulatory tool.
The ever-increasing deployment of ICT in homes and offices, the built environment and the world at large creates significant opportunities for achieving better environmental outcomes but this new and poorly-understood development also raises questions about the proper operation of the rule of law by an increasingly computerised state. This research explores how the widespread implementation of ICT is altering power relationships in the system of environmental regulation. It asks to what extent this new capability of large-scale information capture leads to more or less control on the part of regulators, whether existing balances and imbalances of power are altered by these new tools (even when they are seen as neutral) and what happens when the ‘glue’ hardens and installed technology makes policy change difficult.
The paper critically reviews the operation of the rule of law in digitised government. It combines theoretical perspectives from sociology, chiefly actor-network theory, with insights from semi-structured interviews with staff in regulatory agencies, non-governmental agencies and regulated entities, to build a thematic network model of how the use of ICT for information-gathering, as a means of control and as a conduit for communications is perceived by practitioners of environmental regulation. It uses this to sketch the contours of a new field of study, ‘e-regulation’, centred around the core values of the
Proposal for a Regulation establishing the interoperability of EU informatio...Thierry Debels
The lack of interoperability between EU information systems impedes the work of authorised users (border guards, law enforcement officers, immigration officers, visa officials or judicial authorities). The fragmented architecture of data management for security, border and migration management, where information is stored separately in unconnected systems, can also lead to blind spots with implications for the EU's internal security. External border controls on persons are not as effective as they should be, to enable effective management of migration and to contribute to internal security. This is evidenced by the ongoing irregular border crossings into the EU, and an evolving threat to internal security as demonstrated by a series of terrorist attacks.
Access to competition file as a precondition of access to justiceEmanuela Matei
The information to be disclosed that I discuss about in the present paper relates to the content of the antitrust files produced by Competition Authorities in the EU. All officials working for any Competition Authority are required even after their duties have ceased, not to disclose information of the kind covered by the duty of professional secrecy, in particular information about undertakings. This information may be disclosed to other Competition Authorities in the EU and even outside the EU, based on principles such as reciprocity, comity and the condition that the duty of professional secrecy applies also for the receiver.
As known national courts may act as competition authorities since the organization of enforcement at the national level is an issue determined by the national legislation. The access of a potential claimant for antitrust damages to the public proceedings files falls within the scope of national procedural autonomy, thus the matter will be judged against the standard of effectiveness and equivalence imposed by Union law .
(DAMPS 2013) E-services via the Internet and compliance with the law. File 20...Vytautas Čyras
Presentation at DAMPS 2013, Druskininkai, Lithuania, 5-7.12.2013, http://www.mii.vu.lt/index.php?siteaction=news_notices.view&id=3198&lang=lt. Program see http://www.mii.lt/files/liks_mii_drusk_2013_programafinal.pdf.
Vytautas Čyras and Friedrich Lachmayer "E-services via the Internet and compliance with the law"
Pranešimas Penktajame tarptautiniame seminare "Duomenų analizės metodai programų sistemoms" (DAMPS 2013):
Vytautas Čyras „Paslaugų teikimo internetu atitikimo teisei problemos“
Environmental Protection Through E-Regulation: Critical and Empirical Perspec...Rónán Kennedy
Sometimes the most commonplace and uninteresting tools demand close attention because their mundane nature means that their role is misunderstood. The use of computer technology by government – specifically, by environmental regulators – is one such instance. Information and communications technology (ICT) is increasingly deployed in bureaucratic and regulatory processes throughout the developed world; as in commerce and industry, software code and databases are becoming the invisible ‘glue’ that interconnects the various actors in the regulatory system and weaves an invisible web of control between decision-makers, regulated entities and ordinary citizens. Nonetheless, this topic has received only disconnected academic attention, perhaps because there is little that seems intrinsically interesting about a database.
The issues which ICT raises are not always obvious but nonetheless significant if we are to make the best use of these new tools without unwittingly sacrificing important principles. There is now a substantial body of literature on regulation and ICT. However, this focuses on either ‘information’ or ‘communications’, rarely on both together or on the use of ICT for regulation rather than something to be regulated. There are few theoretical or practical perspectives on the role of ICT in environmental regulation. This paper applies both in combination, developing a values-based, analytical and empirically grounded framework in order to contextualise the use of ICT as a regulatory tool.
The ever-increasing deployment of ICT in homes and offices, the built environment and the world at large creates significant opportunities for achieving better environmental outcomes but this new and poorly-understood development also raises questions about the proper operation of the rule of law by an increasingly computerised state. This research explores how the widespread implementation of ICT is altering power relationships in the system of environmental regulation. It asks to what extent this new capability of large-scale information capture leads to more or less control on the part of regulators, whether existing balances and imbalances of power are altered by these new tools (even when they are seen as neutral) and what happens when the ‘glue’ hardens and installed technology makes policy change difficult.
The paper critically reviews the operation of the rule of law in digitised government. It combines theoretical perspectives from sociology, chiefly actor-network theory, with insights from semi-structured interviews with staff in regulatory agencies, non-governmental agencies and regulated entities, to build a thematic network model of how the use of ICT for information-gathering, as a means of control and as a conduit for communications is perceived by practitioners of environmental regulation. It uses this to sketch the contours of a new field of study, ‘e-regulation’, centred around the core values of the
Proposal for a Regulation establishing the interoperability of EU informatio...Thierry Debels
The lack of interoperability between EU information systems impedes the work of authorised users (border guards, law enforcement officers, immigration officers, visa officials or judicial authorities). The fragmented architecture of data management for security, border and migration management, where information is stored separately in unconnected systems, can also lead to blind spots with implications for the EU's internal security. External border controls on persons are not as effective as they should be, to enable effective management of migration and to contribute to internal security. This is evidenced by the ongoing irregular border crossings into the EU, and an evolving threat to internal security as demonstrated by a series of terrorist attacks.
Access to competition file as a precondition of access to justiceEmanuela Matei
The information to be disclosed that I discuss about in the present paper relates to the content of the antitrust files produced by Competition Authorities in the EU. All officials working for any Competition Authority are required even after their duties have ceased, not to disclose information of the kind covered by the duty of professional secrecy, in particular information about undertakings. This information may be disclosed to other Competition Authorities in the EU and even outside the EU, based on principles such as reciprocity, comity and the condition that the duty of professional secrecy applies also for the receiver.
As known national courts may act as competition authorities since the organization of enforcement at the national level is an issue determined by the national legislation. The access of a potential claimant for antitrust damages to the public proceedings files falls within the scope of national procedural autonomy, thus the matter will be judged against the standard of effectiveness and equivalence imposed by Union law .
(DAMPS 2013) E-services via the Internet and compliance with the law. File 20...Vytautas Čyras
Presentation at DAMPS 2013, Druskininkai, Lithuania, 5-7.12.2013, http://www.mii.vu.lt/index.php?siteaction=news_notices.view&id=3198&lang=lt. Program see http://www.mii.lt/files/liks_mii_drusk_2013_programafinal.pdf.
Vytautas Čyras and Friedrich Lachmayer "E-services via the Internet and compliance with the law"
Pranešimas Penktajame tarptautiniame seminare "Duomenų analizės metodai programų sistemoms" (DAMPS 2013):
Vytautas Čyras „Paslaugų teikimo internetu atitikimo teisei problemos“
Agenda of the regional conference organised by SIGMA on Public procurement review bodies, which took place in Ohrid, the former Yugoslav Republic of Macedonia on 9-10 June 2016.
We all have good and bad thoughts from time to time and situation to situation. We are bombarded daily with spiraling thoughts(both negative and positive) creating all-consuming feel , making us difficult to manage with associated suffering. Good thoughts are like our Mob Signal (Positive thought) amidst noise(negative thought) in the atmosphere. Negative thoughts like noise outweigh positive thoughts. These thoughts often create unwanted confusion, trouble, stress and frustration in our mind as well as chaos in our physical world. Negative thoughts are also known as “distorted thinking”.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
2. Outline Introduction to networks Effectivejudicialprotection in the EU Identifying the gaps in judicialprotection Case specificdecisions Acts of general nature
7. Agencies: actions of Member States are overlooked and subject to some control at the EU level
8.
9. 1.3 Networks: legal nature The networks do not possess legal personality or autonomous powers They are an institutional infrastructure through which national authorities interact with each other and the Commission on matters directed at the successful exercise of their regulatory mandate
10. 1.4 Networkdecisions: types Case specific: network may be consulted by national authorities in the course of decision-making proceedings Consultation on draft decisions of national authorities Facilitation of information exchange General: network adopts soft law policy instruments which are a guidance for national authorities Identification of best practices and performance indicators Position of the network members on how to best apply EU provisions Advice to Commission
16. 3.1 Identifying the gaps in judicialprotection: case specificdecisionsa. case allocation Facilitatedby the network Exchanges and consultations on transfer are mattersbetween public enforcers Firms and complainants are informedthat a transfer takesplacebutthey don’t know the reasonswhichunderlie the determination Finaldetermination in the proceedingsissubjecttojudicialreview BUT itwillbe hard (ifnotimpossible) for the applicantto prove that the transfer wasunlawful
17. 3.1 Identifyingthe gaps in judicialprotection: case specificdecisionsa. case allocation Solution network itselfmakesbindingact on transfer so decisionisreviewable Which court wouldthenhavejurisdiction? Fearthat the mechanismwould stop working Harmonisationofproceduralenvironment so thatfirmswon’t have a reasontocomplainover transfer Itisfeasible? Legalbasis Itdesirable? Hugecosts and coherenceof the system
18. 3.1 Identifyingthe gaps in judicialprotection: case specificdecisionsb. exchangeof information Happens within the network Exchange itself is considered an internal network matter: no decision is adopted and firms are not informed of the exchange Possible that transferee uses info they could either not have collected themselves or for whose collection the national procedural law would provide for more stringent requirements
19. 3.1 Identifyingthe gaps in judicialprotection: case specificdecisionsb. exchangeof information Solution Act of transfer becomes a reviewable act Which court wouldthenhavejurisdiction? Fear of underminining the effectiveness of the mechanism Review of the info collected on the basis of the transferee law Fear of underminining the effectiveness of the mechanism Harmonisation of rules on information Itisfeasible? Legalbasis Itdesirable? Differences are minimal, hugecosts and coherenceproblem
20. 3.1 Identifyingthe gaps in judicialprotection: case specificdecisions Conclusion do we need to fill these gaps? Network based governance was created to solve the problems created by the decentralised enforcement providing an administrative infrastructure Its success as an administration model is based on the flexibility of the model If more judicial review is introduced, network members may become cautious in the use of the mechanisms
21. 3.1 Identifyingthe gaps in judicialprotection: case specificdecisions Conclusion (II) Network decisions themselves should not be challengeable… … but then advantages of harmonisation become clear Neutralises incentives to litigation Avoids unequal treatment
22. 3.2 Identifying the gaps in judicialprotection: actsofgeneral nature Aimed at influencing individual decisions of the national authorities Formally: soft law, no binding value However: documents generally followed by national authorities Risk: firms are constrained by these documents while they may embody a wrong or inefficient outcome Should these documents be made reviewable? Need to make them hard law to be reviewable (at this stage no court – national or EU – would rule on their legality because they don’t produce binding effects)
23. 3.2 Identifyingthe gaps in judicialprotection: actsofgeneral nature Networks have to acquire legal personality and issue binding rules Advantages Incentive to keep high quality of the network documents Increase accountability and thus legitimacy of decisions Disadvantages Meroni complied with? Consensus on content harder to achieve National authorities more cautious on adopting decisions if they know they are binding More litigation and discouraging effect to produce more decisions in the future Courts will review decisions so less incentives to be innovative
24. 3.2 Identifyingthe gaps in judicialprotection: actsofgeneral nature Problem of competent court National courts? Lack of expertise Different outcomes and risk of non uniform application CFI? Enough expertise Uniform solution for EU Problem with standing Individual concern: act of general nature Direct concern: there is act at national level + discretion of national authorities Change introduced by Lisbon doesn’t bring changes (direct concern still needs to be proven) Appellate body of the network itself Enough expertise Uniform solution Problem with independence?
25. 3.2 Identifyingthe gaps in judicialprotection: actsofgeneral nature Even if access… intensity of review? Probably reticence Expertise of networks Conclusion Justiciability of network decisions problematic Solution through more ex ante participation? At the moment no right to be heard What if someone not consulted? No enforcement rules governing participatory process are not binding Should they be? Too much procedure and slowness of system? System then no longer efficient?
26. Thank you for your attention! Every remark, question, comment or suggestion is welcome atm.eliantonio@maastrichtuniversity.nl