Abstract
AbstractThe adoption of the Single Digital Gateway Regulation is a gamechanger in European e-government. For the first time, it creates a horizontal, non-sector specific legal framework for the direct exchange of digital evidence between public administrations in different Member States. However, these exchanges require public administrations to have a certain degree of trust in each other, which is built on a shared legal basis. The Single Digital Gateway Regulation achieves its goal of creating a legal basis and establishing trust, but also builds in a number of explicit and implicit legal constraints. These will help make the once-only principle in Europe a reality, but also enshrine limitations that will require revisions and expansions of the Regulation at some point in the future. This paper examines the genesis of the Regulation, its legal choices and priorities, the resulting implications and limitations, and potential challenges for the future.
Highlights
Introduction on OnceOnly Legislation1.1 Legal Frameworks for Once-Only at the National LevelThe once-only principle is not an entirely new concept, and already has a significant policy background in a number of Member States
In each country where the principle has been adopted at some level, legislation was introduced in order to provide a clear legal basis and scoping of the principle and its effects
While the benefits of this approach are obvious, it implies that the Regulation and its technical system will not be useful as devices for detecting malicious or unlawful behaviour: since the user will typically refuse to approve exchanges of evidence which will have negative consequences, the Regulation will not be useful for public administrations as a mechanism for catching persons that attempt to circumvent legal requirements
Summary
The once-only principle is not an entirely new concept, and already has a significant policy background in a number of Member States. In each country where the principle has been adopted at some level, legislation was introduced in order to provide a clear legal basis and scoping of the principle and its effects The need for such legislation is obvious: as described elsewhere in this book, the once-only principle fundamentally requires that certain information about a citizen or business can be transferred relatively seamlessly from one administration to another, in order to permit that information to be reused, relieving the citizen from a tedious burden while increasing efficiency and reducing errors. – A legal obligation to notify the authoritative source if a gap or inaccuracy in the information is identified, so that the quality of data can be maintained and even improved over time, and to avoid misinformation from spreading While not universal, such obligations are generally fairly representative of the legal environment in which the once-only principle is implemented at any given administrative level (federal, national, or regional). As will be described recreating such a circle of trust is both the main objective and the main stumbling block for EU level legislation
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