Peter DRUGA PD Consulting, Slovakia PSI re-use development in Slovakia

The Transposition of Directive 2003/98 EC on the re-use of the Public Sector Information (PSI) in Slovakia 1. Administrative Code - Act No. 71/1967 Coll. on Administrative Procedures (Full version) amended by the Acts No.215/2002 Coll. and No.527/2003 Coll. 2. Free Access to Information Act No.211/2000 Coll. amended by the Acts No.747/2004 Coll. and No.628/2005 Coll. 3(?). Act No.369/1990 Coll. on local self-governments 4(?). Act No.302/2001 Coll. on regional self-governments

PSI re-use in Slovakia – p r o b l e m s Authorisation Regime Real Legal Implementation Information Society/eGovernment Framework Administrative Institutional Reform Framework PPP and license regime Public Awareness

PSI re-use in Slovakia – p r o b l e m s Authorisation Regime History: FAI Act caused by Parliament, not by Government FAI Act - problems in Central Govt, region.&local self- govts PSI re-use: ???? Implementation Government Agency: FAI Act: Ministry of Justice PSI re-use: ???? Ministry of Justice (2000-6?) or Ministry of Finance (since 2007) or Ministry of justice (2008-9?)

PSI re-use in Slovakia – p r o b l e m s Real Legal Implementation Slovak Constitution – General Provisions, Art.2 and 3: „(2) State bodies may act solely on the basis of the Constitution, within its scope and their actions shall be governed by procedures laid down by a law. (3) Everyone may do what is not forbidden by a law and no one may be forced to do what the law does not enjoin...“ State administration: it can make only procedure what´s is included by any law Regional and Local self-government: it can make everything except what´s is prohivited by any law (BUT in case of transfered authorisation from state administration: the same as for state administration) Impact also for FAI Act, PSI re-sue...

PSI re-use in Slovakia – p r o b l e m s Information Society/eGov Framework Information Society European Commission: 1995 – Bangemann´s Report (Corfu) Slovakia: 2001 – National Policy for Inf.Society (valid in 2007?) EST: 1997 – National Inf.Society Policy eGovernment European Commission: 1995 – Bangemann´s Report (Corfu) Slovakia: 2005 – eGovernment Roadmap (valid in 2007?), 2008 – new eGov strategy EST: 1998 – National eGov Strategy PSI re-use European Commission: since 1999, 2003 PSI re-use Directive Slovakia: 2005 – Annex No.1 to the FAI Act (?) EST: – Public Information Act (PIA)

PSI re-use in Slovakia – p r o b l e m s Administrative Institutional Reform Framework since 1990: reform of local self-governments since 2001: establishment of regional self-governments since 2001: gradual transfer of authorisation from state administration to the regional or local self-governments main problems: regional self-governments: minimum experiences local self-governments: financing, human resources

PSI re-use in Slovakia – p r o b l e m s PPP and license regime PPP – no practical experiences on central state, regional or local levels... because Cisco - Ministry of Education (since (1999), Microsoft – Ministry of Education/Telecom (since (2002), or Slovak Telecom – PCs for Schools (2004) are not real PPP projects 2008 – Ministry of Finance: national strategy for PPP (only highways?) license regime – no practical implementation on central state, regional or local levels... because ad-hoc co-operation public-private sectors on specific (PSI re-use?) topics is finally only supporting services operating by public administration and are not licensed services operating by private sector

PSI re-use in Slovakia – p r o b l e m s Public Awareness Public administration: Is FAI real priority? PSI re-use not discovered yet, INSPIRE directive (May 15, 2009) NGOs: FAI is priority, PSI re-use not discovered yet IT sector: FAI ??? PSI re-use not subject to open with public administration yet Media / journalists: FAI is ad-hoc topic, What´s PSI re-use?

Information Society – eGov - PSI re-use– some paradox from Slovakia 1999: minister responsible for information society supported monopoly/duopoly regime for dominant telecommunication infrastructures Winners as „Enemy for information“ in Slovakia: local self-government Brunovce (municipality) local self-government Brunovce (municipality) local self-government Zilina (regional center) ministry responsible for information society 2007 – Statne lesy (state enterprise for state forests) 2008 – City-Hall Bratislava (local government)