Working Documents - CIRCA - Europa
Working Documents - CIRCA - Europa
Working Documents - CIRCA - Europa
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European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
23-24 September 2010<br />
<strong>Working</strong> <strong>Documents</strong><br />
1<br />
Rome 2010
Contents<br />
Programme. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pag.. 5<br />
List.of.expected.participants. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ». 9<br />
Forum.Activity.Report.2009/2010. . . . . . . . . . . . . . . . . . . . . . . . . . ». 13<br />
“Normattiva”.Italian.Parliament.and.Government.project . . . . . . . . . . . . ». 17<br />
The.“Tender.Identification.Code”.(CIG).in.the.Italian.Public.Procurement.. ». 33<br />
Final.report.of.the.<strong>Working</strong>.group.on.Consolidation. . . . . . . . . . . . . . . ». 41<br />
Progress.Report.from.the.<strong>Working</strong>.group.on.Indexing.and.Search . . . . . . ». 71<br />
Final.Report.from.the.<strong>Working</strong>.group.on.Access.to.Legislation.and..<br />
Financing.models. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ». 101<br />
Standardization.of.Metadata. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ». 107<br />
Legal.XML.standard.for.managing.Official.Gazette.Resources. . . . . . . . . ». 119<br />
Presentation.of.new.<strong>Working</strong>.group.proposals. . . . . . . . . . . . . . . . . . . ». 133<br />
Information.on.the.8 th .Meeting.in.Latvia.-.Riga.2011. . . . . . . . . . . . . . . ». 147<br />
3
These documents will be published on the European Forum of Official Gazettes<br />
website: http://circa.europa.eu/irc/opoce/ojf/info/data/prod/html/index.htm
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
23-24 September 2010<br />
“Roma Eventi - Fontana di Trevi”<br />
(Piazza della Pilotta, 4)<br />
Programme<br />
5<br />
Rome 2010
Thursday 23 September 2010<br />
15.00-15.30 Registration, coffee and light refreshments<br />
15.30-15.45 Official handover of the Chair<br />
Carol Tullo, Director of the Office of Public Sector Information, UK<br />
15.45-16.00 Opening remarks and introduction to the Programme – Chair of the Forum<br />
Alfonso Andriani, Editor in Chief of Gazzetta Ufficiale della<br />
Repubblica Italiana – Ministry of Justice<br />
16.00-16.30 Welcome address<br />
Giuseppe Chinè, Capo Ufficio Legislativo del Ministro<br />
della semplificazione normativa<br />
16.30-16.45 Forum Activity Report 2009/2010<br />
Carol Tullo<br />
16.45-17.00 Forum Publications<br />
Andrea Bartolini, Secretary to the Forum<br />
17.00-17.30 “Normattiva” - Italian Parliament and Government project<br />
Claudio Zucchelli, Capo Ufficio Legislativo della Presidenza del Consiglio<br />
dei Ministri<br />
Daniele Ravenna, Representative of the “Normattiva” Steering Committee<br />
18.00-20.00 Visit to “Musei Capitolini”<br />
20.00-23.00 Dinner at Terrazza Caffarelli - Campidoglio<br />
Welcome address by Mauro Cutrufo, Vicesindaco del Comune di Roma<br />
Friday 24 September 2010<br />
9.30-9.45 Coffee<br />
9.45-9.50 Alfonso Andriani – welcome to 2nd day<br />
9.50-10.10 The “Tender Identification Code” (CIG) in the Italian Public<br />
Procurement<br />
Alberto Cucchiarelli Head of Financial Services Office of Authority<br />
for the Supervision of Public Contracts for Works, Services and Supplies<br />
10.10-10.40 Final Report from the <strong>Working</strong> Group on Consolidation<br />
Marika Seppius, Deputy Head of Government Secretariat,<br />
Government Office, Estonia<br />
10.40-11.10 Progress Report from the <strong>Working</strong> Group on Indexing and Search<br />
Aleš Gola, Ministry of the Interior of the Czech Republic<br />
11.10-11.40 Final Report from the <strong>Working</strong> Group on Access to Legislation<br />
and Financing models<br />
Petra Škodlar, Editor in chief of the Official Journal, Ljubljana<br />
6
11.40-12.00 Coffee break<br />
12.00-12.30 Standardization of metadata<br />
Madeleine Kiss and Marc Küster, Publications Office of the<br />
European Union<br />
12.30-13.00 Legal XML standard for managing Official Gazette Resources<br />
Monica Palmirani, Associate Professor with CIRSFID, University of<br />
Bologna in Computer Science and Law.<br />
13.00-14.30 Lunch<br />
14.30-15.15 Presentation of new <strong>Working</strong> Group proposals<br />
1. “Sharing experiences and best practices in the dissemination of<br />
information to citizens”<br />
2. “Provision of information about economic issues”<br />
Karl Schiessl, Director of Wiener Zeitung, Austria<br />
3. “Sustainable development”<br />
Didier François, Deputy Director of Direction de l’information légale<br />
et administrative, France<br />
15.30-15.30 Registration for the workshops<br />
15.30-17.00 Workshop sessions on the new <strong>Working</strong> Group proposals and on<br />
the future of the <strong>Working</strong> Group «Access to Legislation»<br />
Facilitators: Karl Schiessl, Didier François,<br />
Aki Hietanen, Director of Information Services, Ministry of Justice, Finland<br />
John Dann, Central Legislative Service, Ministry of State, Luxembourg<br />
17.00-18.00 Presentation of workshop results by Facilitators<br />
18.00-18.15 Information on the 8th meeting in Latvia - Riga 2011<br />
Artis Trops, Project Manager VSIA “Latvijas Vēstnesis”, Latvia<br />
18.15-18.30 Closing remarks – Alfonso Andriani<br />
Saturday 25 September 2010<br />
10.00-12.30 Guided visit of Rome for delegates staying in Rome on Saturday –<br />
Boarding coaches in via Teatro Marcello, 100 m to the right of the<br />
staircase of the Campidoglio.<br />
7
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
23-24 September 2010<br />
9<br />
Rome 2010<br />
List of expected participants
European Union<br />
Austria<br />
Schiessl Karl<br />
Irresberger Karl<br />
Belgium<br />
Van Damme Bert<br />
Cyprus<br />
Demetriades Christos<br />
Czech Republic<br />
Vavera František<br />
Kaucký Jirí<br />
Gola Aleš<br />
Denmark<br />
Koch Nina<br />
Broberg Nielsen Søren<br />
Estonia<br />
Seppius Marika<br />
Heinla Jüri<br />
Finland<br />
Hietanen Aki<br />
Linhala Jari<br />
France<br />
François Didier<br />
Kauffmann Joëlle<br />
Germany<br />
Heinig Sascha<br />
Busse Hannah<br />
Hungary<br />
Kovács Mónika<br />
Ireland<br />
Caffrey Richard<br />
Clissmann Alma<br />
Italy<br />
Andriani Alfonso<br />
Quattrociocchi Maurizio<br />
Orsini Nando<br />
Latvia<br />
Trops Artis<br />
Luste Inese<br />
Markus Matìss<br />
10<br />
Luxembourg<br />
Dann John<br />
Malta<br />
Bugelli Martin<br />
Netherlands<br />
Flier Hans<br />
Poland<br />
Deminet Jarosław<br />
Portugal<br />
Garcia Cardoso Pedro<br />
Barreiros Ricardo<br />
Romania<br />
Popa Gabriel<br />
Slovak Republic<br />
Svák Ján<br />
Makara Roman<br />
Slovenia<br />
Munih Staniĉ Špela<br />
Škodlar Petra<br />
Samotorĉan Mojca<br />
Spain<br />
Herrero-Botas Vigil Ana<br />
United Kingdom<br />
Tullo Carol<br />
Publications Office of the E.U.<br />
Reicherts Martine<br />
Bartolini Andrea<br />
Manguin Sylvie<br />
Kuester Marc Wilhelm<br />
Kiss Madeleine
European Free Trade<br />
Association (EFTA) Countries<br />
Liechtenstein<br />
Puhar-Kranz Claudia<br />
Switzerland<br />
Moret Michel<br />
Tanner Markus<br />
EU Candidate Countries<br />
Croatia<br />
Perič Sanjac<br />
Sila Nikola<br />
Former Yugoslav Republic<br />
of Macedonia<br />
Trajanov Toni<br />
Cvetanovska Biljana<br />
Turkey<br />
Özcan Nadir<br />
Yildiz Muhammed Emin<br />
11<br />
EU Potential Candidate<br />
Countries<br />
Bosnia and Herzegovina<br />
Prusina Dragan<br />
Montenegro<br />
Vujoševic’ Momčilo<br />
Serbia<br />
Jovicic Sanja<br />
Petrovic Boris
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
23 September 2010<br />
13<br />
Rome 2010<br />
Forum Activity Report 2009/2010<br />
presented.by<br />
Carol Tullo<br />
Director of the Office of Public Sector Information, UK
Carol Tullo<br />
Chair<br />
European Forum of Official Gazettes<br />
Forum Activity Report 2009/2010<br />
<strong>Working</strong> groups<br />
Consolidation:<br />
Draft final report<br />
Access to legislation:<br />
Two groups - Financing models<br />
- Communities of practice<br />
Indexing and Search:<br />
Focus is on metadata and indexing practices<br />
Questionnaire to examine current status and how to share best<br />
practice (completed 11 June 2010)
Proposed working groups for 2010 / 2011<br />
Sharing experiences and best practice in the<br />
dissemination of information to citizens<br />
Provision of information about economic issues<br />
Sustainable development<br />
Making the Forum more effective<br />
Communities of practice = informal communities for<br />
sharing best practice rather than official working<br />
groups<br />
Better ways of working –<br />
evaluating methods<br />
Introducing timescales for delivery of projects?
Thank you and do give us your<br />
feedback
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
23 September 2010<br />
17<br />
Rome 2010<br />
“Normattiva”<br />
Italian Parliament and Government<br />
project<br />
presented.by<br />
Claudio Zucchelli<br />
Capo Ufficio Legislativo della Presidenza del Consiglio dei Ministri, Italy<br />
Daniele Ravenna<br />
Head of the Senate Study Service<br />
Representative of the “Normattiva” Steering Committee, Italy
The development of the “Normattiva” project<br />
I should like to illustrate to you – also on behalf of my colleagues in the Chamber of Deputies<br />
who sit on the Technical-Scientific Committee – the development of the “Normattiva” project from the<br />
legislative measure which introduced it to the results that have been obtained.<br />
Article 107 of the 2001 budget laid down:<br />
· its purpose: to digitise and classify current legislation, in order<br />
– to enable the general public to search and consult the database free of charge<br />
– and to facilitate the consolidation of Italian legislation;<br />
· its funding: through an appropriation with the Prime Minister’s Office;<br />
· its institutional architecture: the programme and the organisational details were to be set out in<br />
a Prime Ministerial Decree to be issued following consultation with the Presiding Officers of the<br />
Senate and the Chamber of Deputies.<br />
This latter provision – which was certainly unusual – aimed to ensure that, from the very outset, the<br />
programme would be designed on an equal basis by the Prime Minister’s Office and the two Houses of<br />
Parliament, leaving the operational management to the Office of the Prime Minister. The Prime Ministerial<br />
decree was not issued until over two years later, in January 2003, partly because of the general election<br />
in 2001.<br />
The decree set out the substance of the programme:<br />
(a) a collection of all central government statutes and other legal instruments and documents,<br />
as amended or repealed;<br />
(b) cost-free availability, through ICT technologies, of the actual instruments of each individual<br />
piece of legislation, and any explanatory memorandums attached to them;<br />
(c) classification of current legislation using criteria facilitating the retrieval of the information<br />
through ICT technologies, and the provision of commentaries identifying incompatibilities<br />
between instruments and any implicit repealing;<br />
(d) study and application of targeted instruments and procedures to consult legislation in force,<br />
and of advanced digitised systems to process, mark up and classify legal instruments, also<br />
with a view to consolidate legislation;<br />
(e) the creation of specific portals and Internet sites, equipped with appropriate search engines<br />
to conduct all of the above.<br />
The decree also included measures to coordinate other existing procedures to digitise public<br />
legal documentation developed by Italy’s major public institutions and Regional governments, with the<br />
possibility of including private stakeholders in parts of the programme.<br />
A Steering Committee, made up of the Secretaries-General of the Chamber of Deputies, the<br />
Senate and the Prime Minister’s Office, was set up in order to develop the general policies needed to<br />
implement the programme, set out its objectives, establish a timetable, and provide progress reports<br />
on all this to the Presiding Officers of Parliament and the Prime Minister.<br />
The groundwork for the Steering Committee was laid by the Department for Legal and Legislative<br />
Affairs of the Prime Minister’s Office and by a <strong>Working</strong> Group set up with the General Secretariat<br />
of the Prime Minister’s Office, which included members appointed by the Prime Minister’s Office, the<br />
Chamber of Deputies and the Senate. This confirmed the architecture under which the project was<br />
to be managed, based on unprecedented – but highly productive – inter-institutional cooperation<br />
between the two Houses of Parliament and the Prime Minister’s Office.<br />
The intense preparatory work and research, which was mainly undertaken by the <strong>Working</strong> Group<br />
following the instructions of the Steering Committee, took several years – with long intervals owing to<br />
changes of government. This alone demonstrates how difficult it was to achieve the purposes set out<br />
in the law, owing in part to certain drawbacks specific to the Italian system, namely:<br />
19
– regulatory overproduction (in September 2008, a private survey counted 434,000 measures<br />
published in the Official Gazette);<br />
– a hazy boundary between statutes strictly defined and administrative measures, which creates<br />
uncertainty over which texts were to be included in the database;<br />
– the difficulties of identifying which instruments are actually in force, following the disorderly<br />
overlapping of measures throughout the years, the vast amount of implicit cases of<br />
incompatibility of different legal provisions and implicit repealing.<br />
The <strong>Working</strong> Group also explored various possibilities and tested advanced software. In this phase,<br />
in which AIPA (the Civil Service Computerisation Authority, now called DigitPA), was heavily involved,<br />
the Group focussed on the definition of standards to mark up and structure legislative instruments (XML)<br />
and route them to the Net under a uniform locator (URN). AIPA issued two important circulars, which<br />
still remain the benchmark for the creation of a legal database (AIPAr/CR/No. 40 in 2002, on XML,<br />
and AIPA/CR/No. 35 in 2001, on the URN standard).<br />
The adoption of open standards as a methodological basis for the whole project facilitates progress<br />
towards a single information platform gathering legislative measures developed by a wide range of<br />
authorities: first and foremost Italy’s 20 Regions, many of which have their own legal databases based<br />
on the standards produced by the Normattiva <strong>Working</strong> Group. Once common standards have been<br />
adopted by all the Italian institutions, which we trust should be quite soon, a certified workflow of<br />
legislative instruments will be possible, thus overcoming any duplications.<br />
One of the main challenges faced – whose solution had to be considered a priority – had to do<br />
with the retrieval of the immense stock of past legislation. It was necessary to ensure simultaneously:<br />
– thorough information, namely the storage of all important instruments;<br />
– certainty that the stored documents were wholly identical to the instruments originally published<br />
in the Official Gazette;<br />
– compatibility with the standards laid down for the new database.<br />
A special survey was made of all the existing public and private legal and statutory databases,<br />
some of outstanding prestige and widely tested for decades by the public. But none of them were fully<br />
fit for the purpose.<br />
Meanwhile a Legal Committee was set up to address the notion of “instrument currently in force”.<br />
Following a wide-ranging debate between rigorists, i.e. those more keen on the centrality of the legal<br />
measure, and pragmatists, i.e. those more sensitive to the need to create a database, the following<br />
conclusions were drawn:<br />
Ø the database would only contain the numbered instruments enacted by the central government<br />
and published in the Official Gazette. The group realised that this decision, though leaving out<br />
some instruments (those unnumbered and/or issued by independent authorities, which are difficult to<br />
identify), would ensure that the database would contain a very clearly and rigorously defined corpus<br />
of instruments;<br />
Ø the term “instrument currently in force” would mean only the latest amended instruments. In<br />
other words, no account could be taken of any implicit amendments or repealings, which essentially<br />
entailed interpretation that would leave ample scope for subjective judgements that could not be left to<br />
the database compilers, whose judgment could not take precedence over that of the government and<br />
the courts;<br />
Ø for each instrument, the database would contain both a text of the law as enacted (that is<br />
to say, the text as originally published in the Official Gazette), and all the subsequent versions as<br />
amended through time.<br />
In 2008, Parliament again addressed this issue by approving Decree Law no. 200 confirming<br />
the purposes and the inter-institutional structure of the project, vesting project coordination with the<br />
Minister for Legislative Simplification, and requiring the Department of Legal and Legislative Affairs of<br />
the Prime Minister’s Office to pool “all the ongoing efforts of government departments to digitise and<br />
20
classify central and regional government legislation”. To place greater emphasis on, and boost the<br />
incisiveness of, the coordination of all the public stakeholders, the decree strictly banned any public<br />
funding of projects aimed at classifying or providing access to any instruments currently in force falling<br />
outside the scope of the work being coordinated by the Minister.<br />
Following this fresh impetus given to the project, the opportunity emerged to cooperate with IPZS<br />
(Istituto Poligrafico e Zecca dello Stato) – the Government Stationery Office and Mint – whose exclusive<br />
institutional remit is to print, manage and disseminate the Italian Official Gazette, also through the<br />
Internet, including the processing and digitisation of printed papers. Since the Stationery Office (IPZS)<br />
had independently begun to implement a legal database directly derived from the Official Gazette,<br />
and was therefore able to ensure the consistency of texts, cooperation with this authority came as<br />
a matter of course. An agreement was therefore concluded on 8 October 2009 between the Prime<br />
Minister’s Office and the IPZS to build the “Normattiva” database. Under this agreement, the IPZS<br />
would implement the “Normattiva” database, reaffirming the standards set for the project and setting<br />
down a timetable for the successive steps illustrated below.<br />
Step 1 (beginning February 2010): the website www.normattiva.it went online for a selected<br />
group of government and parliamentary officials, magistrates and judges, lawyers and university<br />
professors, who would sign in with a user name and a password.<br />
Step 2 (beginning March 2010): the site was opened to all Internet users. In these start-up<br />
phases, historical versions of all legal instruments published on or since 1 January 1981 were made<br />
available for consultation. Older instruments enacted during the Republic (from 2 June 1946 to 31<br />
December 1980) could only be viewed in the original text without the later amendments.<br />
Step 3 (beginning May 2010): historical versions of instruments enacted from 1 January<br />
1970 to 31 December 1980 were added to the database.<br />
Step 4 (beginning October 2010): the entire corpus of all legislative instruments, including<br />
historical versions, of the Republic (since 1946) was made available online.<br />
Step 5 (beginning October 2011): hyperlink navigation in the entire database from an older<br />
amended provision to its later amendment in any successive amending or repealing legislation. Full<br />
accessibility to the website will be ensured for disabled users as required by Italian law (though not for<br />
all PDF file). XML downloads will comply with the AIPA directive.<br />
Step 5 (beginning October 2013): introduction of “conceptual” and semantic class<br />
searchability (using the EUROVOC classification system adopted by the European Union).<br />
In a later phase, provided that funding is available, all legislation enacted since the Kingdom of<br />
Italy (1861-1946) will be retrieved and made available online.<br />
The www.normattiva.it website will form the ‘hub’ around which a single service/portal providing<br />
public access to legislative information will be built in the coming years, as a result of ever-closer<br />
coordination and convergence of all institutions.<br />
The first step will be to enhance the site with links to all other public legislative databases, starting<br />
with Regional and EU legislation, and conversely to direct all legal databases managed by public<br />
agencies towards central government legislation stored in “Normattiva” under the XML and URN<br />
standards defined in the project, thus removing once and for all overlapping and useless duplications.<br />
In this connection, the coordination powers vested in the Minister will prove invaluable.<br />
The ultimate aim is to establish a portal offering a single user-friendly one stop shop to retrieve<br />
all legislative measures enacted by each and every source, on all aspects of social life. Only after<br />
“Normattiva”, which is the outcome of cooperation between Parliament and the Government, has<br />
successfully passed the test of prolonged use by an increasingly broader public, will it be possible to<br />
say that it is a readily accepted and agreed comprehensive source of current Italian legislation.<br />
21
The Database of the legislative acts<br />
updated in "multivigenza"<br />
Search and presentation of the acts<br />
"Normattiva" is a textual database that stores all legislative acts published in the<br />
Official Gazette from 1946 to today.<br />
The database has been designed with the aim of presenting acts:<br />
• with the text originally published in Official Gazette<br />
• with the text in force on a date,<br />
• but expecially in the text so-called "multivigente"<br />
Introduction<br />
The term "multivigente" stands for the reconstruction of the life cycle of a legislative<br />
act with the explicit changes it has undergone over time .<br />
The textual part of documents is often associated with parts of the act in PDF graphic<br />
format; the "multivigenza", properly marked, applies to this format too.
The database contains about:<br />
• n. 75,000 legislative acts (published from 1946 to present) for a total<br />
of n. 328,000 articles<br />
• n. 12,000 acts with at least one change, for a total of n. 82,000<br />
amended articles and approximately n. 110,000 changes.<br />
In summary:<br />
number of acts<br />
number of articles<br />
published in O.G.<br />
75,000<br />
328,000<br />
The system allows to search acts in several ways:<br />
a "form" for the<br />
"simple search",<br />
immediate and<br />
intuitive<br />
changes<br />
12,000<br />
82,000<br />
Database<br />
Search
and three "forms" for<br />
the "advanced search",<br />
which allow to set<br />
more complex<br />
searches with several<br />
parameters in<br />
combination<br />
Search<br />
Search<br />
The difference between one "form" and the others doesn’t refer to the research<br />
settings but, above all, to the result; infact:<br />
• selecting "original act with updates“, the "multivigente" version of the<br />
act is displayed<br />
• selecting the “act in force on a date“, the act in force at the date indicated<br />
or at the date of consultation is displayed<br />
• selecting "original act“, the system presents the document with the text<br />
originally published in the Official Gazette
The search for<br />
"Original act with<br />
updates”, for<br />
example, presents the<br />
act as in the figure.<br />
The system proposes:<br />
At the top of the screen:<br />
• The kind, the number<br />
and the identification<br />
date of the act<br />
• the title<br />
• the references to<br />
Official Gazette in wich<br />
it was published<br />
Presentation of the act<br />
Presentation of the act
§ On the right side of<br />
the screen:<br />
§ the text of one article<br />
of the original or<br />
updated version<br />
On the left site of<br />
the screen:<br />
§ the structure of the<br />
act<br />
Presentation of the act<br />
Presentation of the act
The structure of the act consists in the list of<br />
its articles and in a graphical warning showing<br />
the articles that have undergone at least one<br />
change.<br />
§ the on the left of the article number<br />
indicates that the article itself was changed<br />
and gives the possibility to verify the number<br />
of changes it has had ( = change n. 2)<br />
and to select the version of the text<br />
corresponding to the change.<br />
The updates (changes,<br />
additions or repeals of<br />
text) are highlighted,<br />
conventionally, in bold<br />
font enclosed between<br />
round brackets (( ))<br />
Presentation of the act<br />
Presentation of the act
The system, for any<br />
changed act,<br />
dynamically displays<br />
the list of acts that have<br />
changed it.<br />
It can also generate the<br />
same list for each article<br />
changed, limited to acts<br />
that have changed the<br />
selected article.<br />
From this list,<br />
it’s then<br />
possible to<br />
select and view<br />
the amending<br />
act.<br />
Presentation of the act<br />
Presentation of the act
With the help of the<br />
key "attiva<br />
riferimenti<br />
normativi", the<br />
system permits,<br />
within the displayed<br />
text, to dynamically<br />
activate the link to all<br />
the acts mentioned in<br />
the text and, then, to<br />
select and display<br />
them.<br />
With the help of the<br />
key "attiva<br />
riferimenti<br />
normativi", the<br />
system permits,<br />
within the display<br />
text, to activate<br />
dynamically the link<br />
to all the acts<br />
mentioned in the text<br />
and, then, to select<br />
and display them.<br />
Presentation of the act<br />
Presentation of the act
The system provides<br />
a few buttons to<br />
activate additional<br />
features for<br />
consultation support<br />
Among them, the<br />
button "versione<br />
stampabile" takes on<br />
particular importance<br />
as it allows to rebuild<br />
the act (in part or<br />
completely) with the<br />
text of the articles in<br />
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European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
33<br />
Rome 2010<br />
The “Tender Identification Code” (CIG)<br />
in the Italian Public Procurement<br />
presented.by<br />
Alberto Cucchiarelli<br />
Head of Financial Services<br />
Office of Authority for the Supervision of Public Contracts for Works,<br />
Services and Supplies, Italy
Authority for the Supervision of Public Contracts<br />
for Works, Services and Supplies<br />
<br />
The “Tender Tender Identification Code” Code (CIG) in<br />
the Italian Public Procurement<br />
European Forum of Official Gazettes<br />
Rome 23–24 23 24 September 2010<br />
Dr. Alberto Cucchiarelli – Head of Financial Services Office<br />
1.<br />
Why the CIG?<br />
INDEX<br />
2. How does it work?<br />
3. The agreement with Ministry of Justice<br />
and Istituto stituto Poligrafico e Zecca dello Stato<br />
2
Why the CIG?<br />
Law 266/2005 (budget law) has provided that<br />
most of the independent authorities must obtain<br />
part of own financial resources from the market.<br />
Accordingly to this law, the Italian Authority for<br />
the Supervision of Public Contracts (Authority)<br />
charges economic operators and contracting<br />
authorities with a contribution fee calculated<br />
having regard to the amount of the contract.<br />
Why the CIG?<br />
To verify payment of fees the Authority has<br />
established that the contracting authorities must<br />
ask for an identification code to it to be reported<br />
in the call for tender, in the letter of invitation or<br />
solicitation of an offer, however named (see<br />
Deliberation 26.01.2006).<br />
3<br />
4
Why the CIG?<br />
Currently are required to pay the contribution:<br />
a) the contracting authorities as in the articles 32<br />
and 207 of the Italian Code of Public Contracts;<br />
b) the economic operators wishing to participate to<br />
award procedures activated by the above<br />
mentioned subjects;<br />
c) the SOA (Società ( Società Organismo Attestazione -<br />
private firms with public functions, entitled to<br />
produce quality certification after checking the<br />
fulfilment of the requirements).<br />
Why the CIG?<br />
The entity of the contribution is equal to:<br />
Estimated value of a public<br />
contract<br />
(thousand s of euro)<br />
Fee for contract ing<br />
authorities<br />
(euro)<br />
Fee for economic<br />
operators<br />
(euro)<br />
Up to 150 0,00 0,00<br />
More than 1 50 up to 500 150,00 20,00<br />
More than 500 up to 1.000 250,00 40,00<br />
More than 1.000 up to 5.000 400,00 70,00<br />
More than 5.000 500,00 100,00<br />
In the first year there was not a lower threshold for<br />
payment of contribution.<br />
5<br />
6
Why the CIG?<br />
The following cases are excluded from payment<br />
of contribution and from application of CIG:<br />
• Tenders to purchase electricity, gas or water;<br />
• the selection of a private partner for a public-<br />
private entity;<br />
• contracts ex-Articles 16, 17 and 18 of the Code.<br />
How does it work?<br />
The contracting authorities before starting a<br />
public procurement procedure must be recorded<br />
to SIMOG (Sistema ( Sistema Informativo di Monitoraggio<br />
delle Gare). Gare).<br />
They must then communicate any new<br />
procedure to SIMOG.<br />
SIMOG generates the CIG and calculates the<br />
amount of the eventual contribution.<br />
7<br />
8
How does it work?<br />
The economic operators wishing to participate to<br />
call for tender should pay the contribution<br />
provided for each lot.<br />
To this end they should connect to SIMOG and<br />
enter the CIG of the tender.<br />
The system allows the direct payment by credit<br />
card or produce a model to be presented for<br />
alternative payments.<br />
Foreign operators can also pay by bank transfer.<br />
How does it work?<br />
CIG has become in the time an instrument to<br />
enable to follow the various stages of tendering<br />
as well a tool to increase the degree of<br />
transparency.<br />
This role was explicitly recognized in the recent<br />
law against organized crime infiltration in the<br />
public contracts.<br />
This role will be expanded in the future following<br />
the adoption of several bills aimed to fight<br />
against corruption in the sector.<br />
9<br />
10
How does it work?<br />
The payment of the contribution to the Authority<br />
represents an indispensable condition for the<br />
validity of an offer in the tender.<br />
The recent jurisprudence stated that an incorrect<br />
payment (i.e. no indication of the CIG or the tax<br />
code) by the economic operator can be<br />
remedied during the proceeding; it is not<br />
possible for missing contributions (see also<br />
Deliberation 12.07.2007, n. 232).<br />
How does it work?<br />
The failure of the CIG by the contracting<br />
authorities does not relieve the competitor from<br />
the duty to pay it.<br />
The contracting authority could correct the<br />
advice with the indication of the CIG before the<br />
end of the procedure and invite competitors to<br />
regularize the payment; otherwise it risks the<br />
cancellation of the awarding procedure by the<br />
administrative court (see also Deliberation<br />
08.07.2010, n. 42).<br />
11<br />
12
The agreement with Ministry of Justice and<br />
Istituto Poligrafico e Zecca dello Stato<br />
The Authority, in order to increase transparency<br />
in the market, the regularity of public<br />
procurement and reduce evasion of<br />
contributions, has reached an important<br />
agreement with the Ministry of Justice and with<br />
the Poligrafico (responsibles<br />
( responsibles for the publication<br />
in the Italian Gazette).<br />
In consequence, in the models designed for the<br />
publication of notices in the Official Gazette<br />
there is a new binding field for typing the CIG or<br />
to indicate the reasons for not do it.<br />
13
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
41<br />
Rome 2010<br />
Final report of the <strong>Working</strong> group<br />
on Consolidation<br />
presented.by<br />
Marika Seppius<br />
Chairman of the working group<br />
Deputy Head of the Government Secretariat, Government Office, Estonia
1 Introduction<br />
The mission of the official gazettes is to make legislation accessible. It is an important mission that<br />
has to ensure the very principle of the rule of law. Rapid developments in technology are providing us<br />
with new ways of fulfilling this mission. Legislation published on Internet is no longer an alternative to<br />
laws printed on paper, but the other way round - laws printed on paper are an alternative. Users are<br />
being better served, and publishing the law has become quicker and much more economical.<br />
The objective of producing and publishing consolidated texts is to make law in force available<br />
to subjects of law in an understandable and timely manner. The general objective is legal clarity –<br />
individuals should be able to access and read valid legal texts at any time. Today legislation changes<br />
rapidly, and Internet offers the best means of presenting complete and up-to-date information on<br />
legislation. The old lawyer’s skill bringing and keeping legal texts up-to-date is no longer needed:<br />
official Internet-based publication keeps all current law up-to-date. The savings made on consolidated<br />
texts as a result, in both the public and private sectors, are remarkable.<br />
This paper presents the final report of the <strong>Working</strong> Group on Consolidation, the formation of<br />
which was agreed at the 2007 meeting of the Forum in Helsinki-Tallinn.<br />
The objective of the working group was to identify the best practices to be used as an example<br />
in preparing and publishing consolidated texts of the legal acts of Member States. In studying the<br />
practices and problems in different countries, the working group concluded that the best practice<br />
would be to use a particular ideal model to resolve problems and fulfil the objective of making the<br />
consolidated texts available.<br />
2.1. Terms of Reference and Membership of the <strong>Working</strong> Group<br />
Following the establishment of the <strong>Working</strong> Group, detailed terms of reference were subsequently<br />
proposed to the Extended Chair of the Forum and were agreed as follows:<br />
· analysing the methods and the organisation of consolidation production and publication in<br />
different countries;<br />
· charting the different countries practices in producing and publishing consolidated texts;<br />
· identifying the best practices and the problems/obstacles to successful consolidation procedures;<br />
· studying the possibilities to attribute a legal value to consolidated texts.<br />
The following individuals attended the meetings of the <strong>Working</strong> Group:<br />
Chair: Marika Seppius (Estonia)<br />
Secretary: Aija Bilzēna (Publications Office)<br />
Members: Helga Stöger (Austria)<br />
Karl Irresberger (Austria)<br />
Members: Pavel Gardavsky (Czech Republic)<br />
Jüri Heinla (Estonia)<br />
Christoph Eckert (Germany)<br />
Joelle Kaufmann (France)<br />
Philippe Gibon (France)<br />
Inese Luste (Latvia)<br />
43
1.2. Meetings<br />
Artis Trops (Latvia)<br />
John Dann (Luxembourg)<br />
Roman Makara (Slovakia)<br />
Albrecht Berger (Publications Office)<br />
Four meetings of the <strong>Working</strong> Group have taken place.<br />
The minutes of the meetings are available on the Forum website.<br />
http://circa.europa.eu/Members/irc/opoce/ojf/library?l=/10_consolidation&vm=detailed&sb<br />
=Title<br />
10th and 11th March 2008 in Luxembourg<br />
The main items on the agenda of the first meeting were:<br />
– presentation of the members<br />
– introduction and presentation of the Forum website<br />
– introduction of the publication project “Access to legislation in Europe”, carried out by the<br />
secretariat of the Forum<br />
– presentation and discussion of national projects and experiences:<br />
o EU practice in consolidation of EU law<br />
o Consolidation in Estonia<br />
o Consolidation in Slovakia<br />
o Consolidation in France<br />
It was decided to concentrate on studying the following issues:<br />
· analysing the methods and the organisation of consolidation production and<br />
publication in different countries;<br />
· charting the different countries practices in producing and publishing consolidated<br />
texts;<br />
· identifying the best practices and the problems/obstacles to successful<br />
consolidation procedures;<br />
· studying the possibilities to attribute a legal value to consolidated texts;<br />
· preparation of a questionnaire on the various aspects of the consolidation<br />
production process.<br />
15 th and 16 th May 2008 in Tallinn<br />
The items on the agenda of the second meeting were:<br />
– presentation of national projects and experiences:<br />
o consolidation in Austria<br />
o consolidation in Germany<br />
– presentation of the Editor of Legal Acts (Slovakia)<br />
– debate on the questions of the questionnaire to be sent to the other Forum members<br />
It was decided to launch the questionnaire in an online form.<br />
14 th and 15 th July 2008 in Riga<br />
The main items of the third meeting were:<br />
– presentation of national projects and experiences:<br />
44
o consolidation in Latvia<br />
– final corrections and adoption of the questionnaire to be sent to the other Forum members<br />
www.wg-consolidation.eu<br />
17 th June 2009 in Brussels<br />
The main items of the third meeting were:<br />
– “Guide to the publication of, and access to, legislation in Europe”, chapter on consolidation<br />
– situation in Europe;<br />
– presentation of national projects and experiences – Luxembourg;<br />
– result analysis of the group’s questionnaire<br />
While analysing the multiple consolidation practices, the working group concluded that the main<br />
attention should be drawn to:<br />
– legislative drafting rules and, eventually, advice for similar consolidation guidelines;<br />
– actions for handling contradictory/mistaken instructions (practices when consolidation<br />
normally is not possible);<br />
– visibility of the applied modifications (different mark-up practices);<br />
– legal value of consolidated texts and the liability of the state for the official consolidations.<br />
1.3. On-line questionnaire<br />
The Consolidation <strong>Working</strong> Group of the Forum launched a questionnaire focusing on the<br />
consolidation production practices. Since some other questionnaires concerning also consolidation<br />
items were circulating about the same time, it was decided that the questions already asked, for<br />
example for the EU Official Gazette Guide, will not be repeated.<br />
The Group decided to launch a questionnaire in an “online” form, which seemed more comfortable<br />
for the respondents; as the answers could be equipped with attachments (e.g. screenshots, manuals)<br />
or links to real web applications, and it was also possible to consult the other respondents’ answers.<br />
The invitation to share the information concerning consolidation via the online questionnaire was<br />
issued on 23 rd July to the delegations of Member States of EU, candidate countries, EFTA countries and<br />
others, altogether 40 countries. In spite of deepest holiday season the response was very good (we<br />
received more or less finalised answers from 28 countries).<br />
The questionnaire focused on three main aspects: legislative, organisational and technical.<br />
2. Legal aspects<br />
Is there a legal basis for consolidation? Answers to this question divide into halves: 14 countries<br />
with a legal basis and 14 without. Legal regulations stipulate the bodies authorized to carry out<br />
consolidation, the sequence of the consolidation, the procedure of creating (and adopting) the<br />
consolidated versions of legislation, the methods of drafting including guidelines for consolidation, the<br />
distributive media and, last but not least, the status of the consolidation.<br />
Consolidation is regulated by:<br />
· legal act<br />
Latvia: States obligation to carry out consolidation is prescribed by Regulations of the Cabinet<br />
of Ministers of Republic of Latvia on Systematization of legal acts.<br />
45
Estonia: Consolidation is regulated by Riigi Teataja (State Gazette) Act.<br />
· guidelines (not legally binding)<br />
Denmark: Danish Ministry of Justice has set out guidelines regarding consolidation.<br />
Germany: Instructions for drafting and consolidation of legal acts are published in the “Handbuch<br />
der Rechtsförmlichkeit” (manual for legal formality) published by the Federal Ministry<br />
of Justice.<br />
Basis for the creation of a consolidated version:<br />
· after each modification of a legal act – in 17 countries out of 28, who answered the<br />
questionnaire, consolidation is made after each modification, and the versions are available<br />
online.<br />
· decided by authorities case by case, published in official publication on paper<br />
FYR Macedonia: According to the Rules of procedure of the Assembly of the Republic of Macedonia<br />
– article 177 (OG of the RM no. 91/2008) “if the law has been changed or amended a number of<br />
times, or if the law brings about extensive changes and amendments, the initiator of the law may propose<br />
establishment of a consolidated text of the law. If the Assembly deems that justified, it shall authorise the<br />
Legislative Committee to prepare a consolidated text of the law and publish it in the “Official Gazette<br />
of the Republic of Macedonia” within 30 days from the day of the publishing of the law introducing<br />
alterations and amendments to the law in the “Official Gazette of the Republic of Macedonia”.<br />
Czech Republic: Parliament decides if a consolidated version is to be created.<br />
Slovakia: Republication (only paper version) depends on the decision of the National Council.<br />
The consolidation is done mainly in cases when the basic act was amended by number of amending<br />
acts and/or the basic act has some of special importance. Electronic version of the Zbierka zákonov<br />
Slovenskej republiky (the Collection of Laws) is called JASPI (Jednotný Automatizovaný Systém Právnych<br />
Informácií - Uniform Automated Legal Information System). The consolidation of legal texts is made<br />
continuously after the amending act has been published in the paper version of “Zbierka zákonov”<br />
(Collection of Laws). The consolidation is usually made in few days.<br />
Deadlines for consolidation:<br />
Usually there are no fixed deadlines for consolidating i.e. the consolidation is done “as soon as<br />
possible”, which in some cases mean 2-5 days after modification and in some cases several months.<br />
For example in Belgium the time to wait before the text is consolidated is about 6 weeks for<br />
federal legislation and 18 months for regional legislation because only 4 persons are responsible for<br />
all consolidations in two official languages. But, the day after the publication of the amendment one<br />
can see in the future consolidated text a note saying an amendment of the text has been published and<br />
can consult by hyperlink the text of the amendment.<br />
In Denmark the Danish Ministry of Justice recommends that a consolidation is drafted each time<br />
an amendment has been passed. In reality most ministries draft a consolidated act in an area maybe<br />
once a year. In Switzerland consolidation for the print and offline versions is made 4 times a year.<br />
In Italy consolidation is made usually monthly (but there is no fixed rule), in Finland - every week.<br />
In Latvia the consolidated version is available online the same day the amending act comes into force.<br />
In Estonia the new consolidated text of a legislative act has to be published in the Riigi Teataja at the<br />
same time as the amending legislative act.<br />
46
2.1. Definition. Consolidation – integration of amendments<br />
Although generally there is no legal definition for consolidation, the understanding of consolidation<br />
is basically the same – integration into a consolidated text of all the amendments to the original legal<br />
act or in other words – legal act in its current wording, where in one document is merged the initial<br />
version of the particular act and its latter sequential amendments. A consolidated text is an updated<br />
version of the legislative act (= in force at a given time).<br />
Some definitions:<br />
EU – consolidation integrates (in a single non legally-binding text) the provisions of the original<br />
instrument together with all subsequent amendments to it. Consolidation brings benefits to<br />
citizens, administrations and business in the form of a more accessible, transparent legislative<br />
framework (COM (2003)71 final).<br />
Estonia: There is no legal definition of consolidation today. In previous Riigi Teataja Act<br />
consolidated text was defined as follows: “A consolidated text is the version of legislation<br />
which sets out all amendments made to the legislation. The first original text is at the same time<br />
also the first version of the consolidated text.” The term is now universally understood and is<br />
beyond dispute; thus there is no need for a definition.<br />
2.2. Legislative drafting rules<br />
Each country has developed its own practices in drafting legal acts. Regardless of the fact whether<br />
the drafting rules have been established by a legal act or are based on standard practice, the objective<br />
is to produce a legal act that is correct and comprehensible.<br />
· Adopted rules:<br />
In the European Union in order for the Community legislation to be better understood and correctly<br />
implemented, it is aimed to ensure that it is well drafted. The need for better lawmaking has been recognized<br />
at the highest political level. The Council and the Commission have both taken steps to meet that need<br />
(Council: Resolution of 8 June 1993 on the quality of drafting of Community legislation (OJ C 166,<br />
17.6.1993, p. 1); Commission: General guidelines for legislative policy, document SEC (1995) 2255/7,<br />
18.1.1996). The three institutions involved in the procedure for the adoption of Community acts, the<br />
European Parliament, the Council and the Commission, adopted common guidelines intended to improve<br />
the quality of drafting of Community legislation by the Interinstitutional Agreement of 22 December 1998<br />
(OJ C 73, 17.3.1999, p. 1). These rules foresee how the amendments should be composed, among<br />
others, consistency of terminology and replacement of whole provisions (not separate words) etc.<br />
Also in Lithuania the order No.104, 08.17.1998, adopted by Ministry of Justice of the Republic<br />
of Lithuania Dèl i,statymu, ir kitu, teisês aktu, rengimo rekomendaciju, foresees that full particular article of<br />
the law should be amended even if very little changes (like several words) have to be done into the<br />
original document.<br />
In Estonia the government has adopted technical rules for drafts of legislative acts including<br />
instructions for amending laws and regulations (Government of the Republic Regulation No. 279 of 28<br />
September 1999 “Technical rules for drafts of legislative acts”). According to these rules, a new text is<br />
clearly defined from the basic text and can be incorporated into the consolidated version with definite<br />
validity date. The section or provision which is amended is worded and the new text is added. If at<br />
least one third of the text of an act is amended, a new draft act shall be prepared in which the repeal<br />
of an existing act is set out.<br />
47
Austrian legislative guidelines are provided by the Austrian Federal Chancellery (Handbuch der<br />
Rechtssetzungstechnik. Herausgegeben vom Bundeskanzleramt, 1990) and include also strict rules for<br />
amending laws, but the guidelines are not legally binding (so called “soft law”).<br />
Polish rules of drafting new legislation are adopted in Regulation of the Prime Minister of the 2002<br />
June 20th about rules of legislation technical.<br />
In Czech Republic rules are set out in sub-legal organisational norm of the Government. It is rather<br />
the same in the Slovak Republic: “Legislative rules of the Law-making”, adopted by the Parliament<br />
in 1997 and published in the Zbierka zákonov (No. 19/1997 Z. z.) and “Legislative rules of the<br />
government” (governmental resolution No. 352/2010, applicable for all the governmental bodies<br />
(ministries, etc.), not published in the Zbierka zákonov).<br />
In Latvia the respective Regulations of the Cabinet of Ministers on drafting rules were adopted in<br />
February 2009 (MK noteikumi Nr.108 “Normatīvo aktu projektu sagatavošanas noteikumi”).<br />
In Malta the Interpretation Act (Chapter 249) provides necessary guidelines to make provision in<br />
respect of the construction and application of Acts of Parliament and other instruments having the force<br />
of law and in respect of the language used therein.<br />
· Guidelines:<br />
In Sweden the Government office has published guidelines for legislative drafting, the Green book.<br />
The guidelines contain both technical rules, such as rules about preambles, notes, provisions about entry<br />
into force and transitional provisions, and substantial rules, for example, the form of rules of appeal or<br />
penalty. Some of the drafting rules are meant to make it easier to consolidate legal texts, for example,<br />
a technical rule saying that you shouldn’t describe changes in articles theoretically in amendments. You<br />
should instead rewrite whole articles. This method makes it possible to “cut and paste”.<br />
In Denmark the Danish Parliament, the Ministry of Justice and the Prime Minister’s Office have<br />
issued guidelines for drafting legislation, including guidelines for amendments.<br />
In Germany manual for legal formality Handbuch der Rechtsförmlichkeit include also the drafting<br />
rules to make sure that the amendments are clear and consistent and there is a minimum risk of<br />
misinterpretation.<br />
In Belgium any official rules for drafting new legislation do not exist. However, a publication<br />
concerning the procedure and the drafting of legislation has been issued: Principes de technique législative<br />
- Guide de rédaction des textes législatifs et réglementaires (published by the Council of State - 2008).<br />
There are no official rules for drafting new legislation in Luxembourg. However, two publications<br />
concerning the procedure and the drafting of legislation have been issued: Guide pratique sur la<br />
procédure législative et réglementaire (published by the SCL - Mr. Daniel Andrich) and Traité de légistique<br />
formelle (published by the “Conseil d’Etat” - Mr. Marc Besch).<br />
Also in Finland there is a publication Hallituksen esitysten laatimisohjeet (Bill Drafting Instructions).<br />
Recently manual with guiding rules and examples was published in Iceland.<br />
The prerequisite for preparing consolidated texts is that the drafting rules must allow the consolidated<br />
texts to be prepared and all of the various amendments from different points in time to be introduced<br />
into the basic text – the consolidated text. For this reason drafting rules should require that the need to<br />
prepare a consolidated text be taken into consideration in the process of drafting amendments.<br />
v The requirement for preparing consolidated texts is that the drafting rules<br />
must allow the consolidated texts to be prepared and all of the various<br />
amendments from different points in time to be introduced into the basic text<br />
– the consolidated text.<br />
48
For this reason, drafting rules should make it obligatory to take into consideration, during the d<br />
rafting of amendments, the need to compile a consolidated text.<br />
Amendments are made in the form of text inserted into the act to be amended. Amendments must<br />
fit seamlessly into the currently (or at certain given time) in force version of the basic act. Defective<br />
instruction in amending act might cause contradictories or infeasible situations in consolidation<br />
process.<br />
v Amendments must be:<br />
· in clear and unambiguous wording,<br />
· easy to insert into the original text,<br />
· based on applicable version of the basic act.<br />
In order to ensure that the consolidated text is clear and unambiguous, the amendment must be<br />
worded so that it can be easily inserted into the original text without needing any extra consideration<br />
from the consolidator. It means that legislative drafting must foresee rules not just only for amending<br />
acts but in perspective of the future consolidation.<br />
2.3. Consolidation guidelines<br />
Technical rules or guidelines and strict adherence thereto should create a situation where it is easy<br />
to prepare a consolidated text, or doing so occurs without any major problems, and ensures that the<br />
legislator’s intentions are pursued closely when drafting the legislation. However, when answering our<br />
questionnaire, the representatives of at least eight countries admitted that although the rules existed,<br />
they did not facilitate consolidation.<br />
People responsible for consolidation often face in their everyday work the problem that an<br />
amendment cannot be introduced into the applicable wording. Such situations can be precluded by<br />
unambiguous drafting rules. Tackling the consequences does not help, because consolidators are left<br />
alone with these problems. However, if there is a situation in which the amendment does not fit with<br />
the existing text, it is a defect created in the legislative procedure, not in drafting the consolidated text.<br />
A simple technique to overcome the problem of controversy is to provide in a special amendment note<br />
the amendment as given in the amending act and assign the interpretation of the legislative act to the<br />
user. But this solution does not meet the general goal of consolidation to make law accessible and<br />
comprehensible for the common user.<br />
Some frequent problems in consolidation process are as follows.<br />
Amendment is not applicable because interim amendments to the basic act have not been taken<br />
into account while preparing the new amendment: the amended provision is already repealed or in<br />
different wording etc.<br />
ü When amending a legal act, first the compatibility of the amendments with the consolidated<br />
text being amended and with amended versions entering into force in future shall be verified<br />
before signing (establishing) the amending act.<br />
Such a situation could be avoided when the legislator preparing the amendment relies on the<br />
applicable act in current wording and the drafting rules prescribe that the amendment must replace<br />
expressis verbis the part of the applicable text that is amended.<br />
49
The legal act is supplemented with a new provision, but a provision with this number already<br />
exists in the act.<br />
ü The provisions must be numbered on a continuous basis throughout the text.<br />
Articles, paragraphs or clauses should not be renumbered, because of the potential problems<br />
of references in other acts. Likewise, blanks left by the deletion of articles or other numbered parts<br />
of the text should not subsequently be filled by other provisions, except when the content is identical<br />
to the text previously deleted. The repealed provisions retain their number, while a note about<br />
invalidity is added. The provisions inserted in between the existing numbers are provided with<br />
superscript numbers or letters. From the perspective of the correct and accurate presentation of legal<br />
information, this ensures the legal certainty of references within the act and of references to other<br />
acts.<br />
The amendment is to a provision that was already previously repealed.<br />
ü The amendment cannot be implemented. The issuer of the act must re-establish the amendment<br />
again in the correct form.<br />
If the provision is already repealed the amendment to that provision should not be applied and the<br />
legislator must be notified about the need to change the amending act. If possible, the legal act should<br />
be corrected before consolidation, which means that consolidated text should be prepared together<br />
with draft of the amendment or at least before publishing the amending act (this is the practice for<br />
example in Estonia).<br />
Consolidation is complicated because the amendment is theoretical.<br />
The amendment should be involved with concrete section or provision of the act to be amended. The<br />
section or provision which is amended should be worded and replaced with the new text. If the same<br />
word or expression is replaced in several sections, the numbers of the sections, subsections and clauses<br />
to be amended should be listed in the amending provision. If one or several words are replaced in the<br />
entire act, the wording of the amending provision should indicate that the word or words are replaced<br />
in the entire text. In Joint Practical Guide of the European Parliament, the Council and the Commission<br />
for persons involved in the drafting of legislation within the Community institutions (Office for Official<br />
Publications of the European Communities, 2003) it is recommended that amendments should not be<br />
made by inserting or deleting sections of text, other than dates or figures.<br />
Consolidation is complicated because the amendment contains independent regulations.<br />
Amendments that do not replace the provision but contain independent regulations (without<br />
embracing or taking account of the whole) should not be permitted. The prohibition against independent<br />
50
egulations in amending legislation should be clearly stated in the drafting rules. The only provisions<br />
that may appear in amending legislation without the amendment request are the provisions regarding<br />
the entry into force of the amendment. Since the sole legal effect of the new act is to amend the old<br />
one, it exhausts its effect once it enters into force. Only the old act as amended is left in existence and<br />
continues to govern the whole of the matter. However, it must be kept in mind that the entry into force<br />
of various amended provisions is provided expressis verbis in regulations introduced into the amended<br />
act. A user must understand when one or another amendment has entered into force. Once again,<br />
keeping in mind the main goal of the drafting and publishing of consolidated texts – to make the<br />
legislation available for users in its applicable form and unambiguously.<br />
Amendment has transformed during the drafting and adopting procedure and has become<br />
incompatible with the legislative act in force.<br />
ü It must be permitted to cite an amendment in the content of the consolidated text without<br />
introducing the amendment.<br />
There are some principles that should be observed when drafting an amending act:<br />
· amendments must always relate to the applicable basic act;<br />
· each amendment must be clearly expressed in the form of a text to be inserted in the act<br />
to be amended;<br />
· preferably replace an entire provision in the case of amendments;<br />
· no independent autonomous regulations (except the provisions regarding the entry into<br />
force of the amendment);<br />
· amending acts must not be amended;<br />
· amendments to annexes containing technical passages are normally made in the annex to<br />
the amending act (this rule may be departed from when the amendment is a minor one);<br />
· organizational arrangements to insure the implementation of the drafting rules in a<br />
legislative procedure before the act is adopted;<br />
· the existing numbering is not changed in supplementing a legal act and numbers of<br />
already repealed provisions are not used;<br />
· in changing more than one cell or column in tables in an annex to a legal act, the table<br />
is to be presented in a complete form once again (in such a case, a supplementary<br />
consolidated text is effectively established).<br />
If established, drafting rules should be accompanied by an arrangement to monitor their<br />
implementation in a legislative procedure before the act is adopted. It is a unique feature of the formal<br />
requirements for the drafting rules that nobody can question the legality of a legislative act based on<br />
them after the act has entered into force. One option is, however, to also refer in the drafting rules<br />
to the rules concerning drafting of a consolidated text and demand that they are taken into account<br />
when drafting the amendments. After all, the goal of the drafting rules is an unambiguous legislative<br />
act characterised by legal clarity, which is manifested in drafting consolidated texts and ensuring their<br />
availability.<br />
The mandatory drafting rules give rise to a presumption that the amendments made to legislation<br />
can be introduced into consolidated texts and that the applicable law is clear and unambiguous. Many<br />
problems can be sidestepped by the requirement of verification of compatibility of amendments with the<br />
valid consolidated text of a legal act and with its future versions. Implementing this requirement ensures<br />
the possibility of introducing amendments into the consolidated text upon publication of amendments<br />
pursuant to the intention of the issuer of the act.<br />
As an exception, it must be permitted to cite an amendment in the content of the consolidated text<br />
without introducing the amendment – in the event that the amendment is not compatible on a quid pro<br />
quo basis with the consolidated text.<br />
51
2.4. Correction of mistakes in consolidated texts<br />
Notification to the author:<br />
Netherland: If the mistake concerns a purely material mistake, such as an error in orthography<br />
or grammar, it is possible to issue an official corrigendum which will be published in the<br />
Official Gazette at the initiative of the competent Ministry. If the mistake is discovered by the<br />
SCL, notification will go to the relevant Ministry. However if the mistake concerns the content<br />
of the legislation and has been as such voted by Parliament and validated by the Grand-Duc,<br />
a formal amendment must be introduced into the legal procedure and the text must be revoted<br />
by Parliament and resigned by the Chief of State.<br />
Latvia: Publisher contacts the Ministry of Justice and its responsible department. Then they<br />
notify about a noticed mistake to the institution who made a concrete amendment text and<br />
decide how to correct that, mostly – with publishing an official corrigendum or by adopting a<br />
new amendment.<br />
Issue of official corrigenda:<br />
Poland: If the mistake concerns orthographical or grammatical errors, then the legislation is<br />
corrected upon publication on the website (by powers under the Statute Law Revision Act).<br />
However if it concerns a particular legal term or a conflict between languages, then another<br />
legal instrument is published to correct/rectify such mistake.<br />
Notice in the consolidated text:<br />
Denmark: If a negligible mistake is discovered in an act while consolidating, the Danish<br />
practice is to correct it in the consolidated text and add a notice at the end, that there has been<br />
a mistake in the original act, and that this will be corrected in a following amendment. Only<br />
minor mistakes such as a typing error can be corrected in the consolidated act.<br />
The correction of mistakes depends on whether the mistake was already in the amending act or<br />
the consolidation was done incorrectly. In case the mistake was already in the amending act there<br />
are two main practices. First, if the mistake is in a legal act, it can only be corrected by an amending<br />
act. It might depend on legal procedure (mistakes in legal texts can only be corrected by another<br />
legal act) or on the type of the mistake (not just an orthographical mistake but affecting the content).<br />
Anyway the author of the legal act is notified and necessary measures taken to correct the mistake. In<br />
ideal situation the amending act can be corrected before consolidation if the consolidated version is<br />
prepared together with the draft of the amending act. Another practice is that the issuer of the legal<br />
act is notified and with his consent the official corrigendum is published and the mistake is corrected.<br />
2.5. Visibility of the applied modifications (different mark-up practices)<br />
How the amendments are visually presented in the consolidated text.<br />
France: The amendment is integrated in the text, reference to the modifying act is in the heading,<br />
validity information at the end of the provision.<br />
Hungary: A red line on the left side of the text highlights the changed article. A footnote is written<br />
for every amendment. It contains the number of the amending act, the type of the amendment and a<br />
link. When clicking the link the amending act is displayed. The heading of the act is red (not in force,<br />
repealed), green (in force) or blue (enters into force at a future date).<br />
Luxembourg: The legal modifications in consolidated texts are indicated by placing quotes at the<br />
beginning and at the end of the concerned part of the act, completed by the indication of the date of<br />
the modification preceding the concerned article or paragraph.<br />
52
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2001D0822:20070426:EN<br />
Article 62<br />
Review<br />
►C1 Before 31 December 2011, the Council ◄, acting unanimously on a proposal from the<br />
Commission, shall establish the provisions to be laid down for the subsequent application of the<br />
principles set out in Articles 182 to 186 of the Treaty. In this context, the Council shall in particular<br />
adopt any necessary measures where an OCT decides in accordance with its own constitutional<br />
procedures to enter into special preferential arrangements between the Community and various<br />
partners in the region to which it belongs. The Council shall take particular account in this respect<br />
of international obligations entered into by the Community, its Member States or the OCTs,<br />
including those within the framework of the WTO.<br />
http://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000000413818&dateTexte=20080827&fastPos=2&fastR<br />
eqId=1183200438&oldAction=rechTexte<br />
Article 2 En savoir plus sur cet article...<br />
Modifié par Décret n°2004-459 du 28 mai 2004 - art. 3 JORF 29 mai 2004 en vigueur le 1er juin<br />
2004<br />
Il https://www.riigiteataja.ee/ert/act.jsp?id=12861144<br />
est créé un site dénommé Légifrance (http://www.legifrance.gouv.fr), placé sous la<br />
responsabilité du secrétaire général du Gouvernement et exploité par la Direction des Journaux<br />
officiels.<br />
Ce site donne accès, directement ou par l'établissement de liens, à l'ensemble des données<br />
mentionnées à l'article 1er. Il met à la disposition du public des instruments destinés à faciliter la<br />
recherche de ces données. Il offre la faculté de consulter les autres sites publics nationaux, ceux<br />
des Etats étrangers, ceux des institutions de l'Union européenne ou d'organisations<br />
internationales assurant une mission d'information juridique. Il rend compte de l'actualité<br />
législative, réglementaire et juridictionnelle.<br />
Par dérogation aux dispositions du deuxième alinéa du présent article le site Légifrance ne peut<br />
donner accès aux actes mentionnés aux articles 1er et 2 du décret n° 2004-459 du 28 mai 2004<br />
fixant les catégories d'actes individuels ne pouvant faire l'objet d'une publication sous forme<br />
électronique au Journal officiel de la République française.<br />
Les autres sites exploités par les administrations de l'Etat qui participent à l'exécution du service<br />
public de la diffusion du droit par l'internet sont désignés par arrêté du Premier ministre, pris après<br />
avis du comité mentionné à l'article 5 du présent décret.<br />
/…/<br />
Article 4 En savoir plus sur cet article...<br />
Des licences de réutilisation des données mentionnées à l'article 1er et détenues par l'Etat<br />
/…/<br />
peuvent être accordées aux personnes qui souhaitent faire usage de ces données dans le cadre<br />
de leur activité, que celle-ci ait ou non un caractère commercial. Une convention précise les<br />
conditions d'utilisation des données et, notamment, les engagements pris par le bénéficiaire afin<br />
de garantir que l'usage qui en sera fait répond à l'exigence de fiabilité qui s'impose pour la<br />
diffusion de telles données.<br />
La décision d'accorder la licence est prise par l'autorité responsable de l'exploitation du site sur<br />
lequel sont diffusées les données objet de la licence. Le comité mentionné à l'article 5 du présent<br />
décret est préalablement consulté.<br />
Les licences sont accordées à titre gracieux. Le bénéficiaire supporte le coût de la mise à<br />
disposition des données. Les licences ne peuvent être rétrocédées.<br />
NOTA:<br />
Décret n° 2006-672 du 8 juin 2006 art. 17 : Les dispositions réglementaires instituant des<br />
commissions administratives définies à l'article 1er créées avant la date de publication du présent<br />
décret sont abrogées au terme d'un délai de trois ans à compter de cette date (Comité du service<br />
public de la diffusion du droit par l'internet - Article 5 du décret n° 2002-1064).<br />
art. 18 : L'abrogation ou la caducité des dispositions créant une commission dont l'avis est requis<br />
préalablement à une décision prise par l'autorité administrative entraîne celle des dispositions<br />
réglementaires prévoyant sa consultation.<br />
53
Italy: The amendments are visually presented in bold between double brackets if a sentence has<br />
been added or modified; if a sentence has been repealed, it’s replaced with one having some points<br />
inside double brackets. In the left part of the screenshot it’s shown the number of amendments for an<br />
article.<br />
Romania: Number of amendments is listed in the heading as well as their entry into force. New<br />
provisions are incorporated to the text with different font colour; but if there is e. g. just one new word<br />
in the whole paragraph, the entire paragraph with new word will have another font colour.<br />
Sweden: It is not possible to see old versions of articles. After each article in the consolidated text<br />
there is a serial number for the amendment witch changed the certain article. Sweden has a special<br />
database register showing every amendment for each article in the act.<br />
Croatia: There are visually presented with special sign (*) and there is a red note with the name<br />
of amendments and its validity<br />
Latvia: Under each modified article or section there is located a note with a legal basis of a<br />
particular change. That means: a note contains an explanation (for example: Modified by law (or<br />
regulation) adopted on 01.01.2008., that comes into force on 01.04.2008.) or (Expressed in a new<br />
redaction by law (or regulation) adopted on 01.01.2008., that comes into force on 01.04.2008.) All<br />
introduced amendments are arranged above the title of an act (with appropriate links).<br />
54
http://www.likumi.lv/doc.php?id=133536&version_date=01.08.2010#50755<br />
06.04.2006. likums "Publisko iepirkumu likums" ("LV", 65 (3433), 25.04.2006.) [stājas spēkā<br />
01.05.2006.] ar grozījumiem:<br />
08.02.2007. likums ("LV", 29 (3605), 19.02.2007.) [stājas spēkā ar 20.02.2007.]<br />
16.07.2009. likums ("LV", 120 (4106), 30.07.2009.) [stājas spēkā ar 13.08.2009.]<br />
19.04.2010. Satversmes tiesas spriedums ("LV", 63 (4255), 21.04.2010.) [stājas spēkā ar<br />
21.04.2010.]<br />
20.05.2010. likums ("LV", 91 (4283), 09.06.2010.) [stājas spēkā ar 15.06.2010.]<br />
Redakcijas: [01.05.2006] [10.01.2007] [20.02.2007] [13.08.2009] [01.09.2009] [01.10.2009]<br />
[01.11.2009] [21.04.2010] [15.06.2010] [01.08.2010] [04.12.2010] [01.08.2011]<br />
/…/<br />
5.pants. Iepirkuma procedūru piemērošanas izņēmumi<br />
Pasūtītājs nepiemēro šajā likumā noteiktās iepirkuma procedūras, ja līgumcena ir mazāka par 70<br />
000 latu un ja līgums tiek slēgts par:<br />
1) piegādēm vai pakalpojumiem, kurus sabiedrisko pakalpojumu sniedzējs sniedz, veicot likuma<br />
"Par iepirkumu sabiedrisko pakalpojumu sniedzēju vajadzībām" 3., 4., 5., 6. un 7.pantā minētās<br />
darbības šajos pantos noteiktajās jomās;<br />
2) iespieddarbu, elektronisko izdevumu, rokrakstu un citu dokumentu iepirkumu bibliotēku krājumu<br />
papildināšanai vai izglītības un pētniecības procesa organizēšanai izglītības iestādēs un valsts un<br />
universitāšu dibinātās zinātniskajās institūcijās;<br />
3) nepieciešamo tādu muzejisko priekšmetu iepirkumu muzeju krājumu papildināšanai, kuriem ir<br />
mākslinieciska, kultūrvēsturiska, zinātniska vai memoriāla vērtība;<br />
4) (izslēgts ar 16.07.2009. likumu);<br />
5) iepirkumiem ārvalstīs, kurus veic Latvijas Republikas diplomātiskās, konsulārās un citas<br />
pārstāvniecības, kā arī Nacionālo bruņoto spēku vienības, kas piedalās starptautiskajās<br />
operācijās un starptautiskajās mācībās;<br />
6) preču un pakalpojumu iepirkumu, ko veic kredītiestāde savas darbības nodrošināšanai.<br />
(Ar grozījumiem, kas izdarīti ar 16.07.2009. likumu, kas stājas spēkā 13.08.2009.)<br />
Lithuania: Information about amendment comes after each amended or changed article of the<br />
legal document). Every new amendment is listed at the end of the consolidated version.<br />
55
http://www3.lrs.lt/pls/inter3/dokpaieska.showdoc_l?p_id=324790<br />
15 straipsnis. Seimo nario atlyginimas<br />
1. Seimo nario darbas, taip pat išlaidos, susijusios su jo parlamentine veikla, atlyginami iš valstybės<br />
biudžeto.<br />
2. Seimo nario atlyginimo dydį ir mokėjimo tvarką nustato Seimas. Įstatymas dėl Seimo narių<br />
atlyginimo dydžio pakeitimo įsigalioja tik nuo kito naujai išrinkto Seimo pirmojo posėdžio dienos.<br />
3. Seimo nariams pareigūnams ir Seimo opozicijos lyderiui už atliekamą darbą mokamas<br />
atlyginimas, kurio dydį nustato įstatymas.<br />
4. Seimo narys negali gauti jokio kito atlyginimo, išskyrus atlyginimą už kūrybinę veiklą. Seimo<br />
nario atlyginimu už kūrybinę veiklą laikomas autorinis honoraras už meno kūrinius bei jų atlikimą, už<br />
publikacijas bei knygas, už medžiagą radijo ir televizijos laidoms, jeigu Seimo narys nėra susijęs su įstaiga,<br />
įmone ar organizacija, atlyginančia už kūrybinę veiklą, darbo, tarnybos ar panašiais santykiais, dėl kurių gali<br />
kilti viešųjų ir privačių interesų konfliktas.<br />
Straipsnio pakeitimai:<br />
Lietuvos Respublikos Konstitucinis Teismas, Nutarimas<br />
2004-07-01, Žin., 2004, Nr. 105-3894 (2004-07-06)<br />
Nr. IX-2545, 2004-11-09, Žin., 2004, Nr. 165-6025 (2004-11-13)<br />
Nr. X-127, 2005-02-15, Žin., 2005, Nr. 24-759 (2005-02-19)<br />
Pakeitimai:<br />
1. Lietuvos Respublikos Seimas, Statutas<br />
Nr.I-716, 1994 12 20, Žin., 1994, Nr. 100-2002 (1994 12 28)<br />
DĖL KAI KURIŲ STRAIPSNIŲ PAKEITIMO IR PAPILDYMO<br />
2. Lietuvos Respublikos Seimas, Statutas<br />
Nr.I-816, 1995 02 .23, Žin., 1995, Nr. 18-408 (1995 03 01)<br />
DĖL KAI KURIŲ STRAIPSNIŲ PAKEITIMŲ IR PAPILDYMŲ<br />
3. Lietuvos Respublikos Seimas, Statutas<br />
Nr.I-977, 1995 06 28, Žin., 1995, Nr. 58-1436 (1995 07 14)<br />
DĖL KAI KURIŲ STRAIPSNIŲ PAKEITIMO IR PAPILDYMO<br />
4. Lietuvos Respublikos Seimas, Statutas<br />
Nr.I-1133, 1995 12 19, Žin., 1996, Nr. 6-138 (1996 01 19)<br />
DĖL KAI KURIŲ STRAIPSNIŲ PAKEITIMO IR PAPILDYMO<br />
________________<br />
5. Lietuvos Respublikos Seimas, Statutas<br />
Nr. VIII-2, 1996 11 26, Žin., 1996, Nr. 116-2702 (1996 12 03)<br />
STATUTAS DĖL 25, 28, 29, 32, 35, 48, 62, 64, 66, 68, 71, 80, 192 STRAIPSNIŲ PAKEITIMO IR PAPILDYMO 72(1)<br />
STRAIPSNIU<br />
6. Lietuvos Respublikos Seimas, Statutas<br />
Nr. VIII-358, 1997 07 01, Žin., 1997, Nr. 66-1616 (1997 07 11)<br />
STATUTAS DĖL LIETUVOS RESPUBLIKOS SEIMO STATUTO PAPILDYMO 72(2) STRAIPSNIU IR 10, 44, 46, 48, 141, 148,<br />
162 STRAIPSNIŲ PAKEITIMO<br />
7. Lietuvos Respublikos Seimas, Statutas<br />
Nr. VIII-508, 1997 11 11, Žin., 1997, Nr. 104-2627 (1997 11 19)<br />
LIETUVOS RESPUBLIKOS SEIMO STATUTAS DĖL SEIMO STATUTO 46, 140, 159 STRAIPSNIŲ PAKEITIMO IR<br />
PAPILDYMO<br />
8. Lietuvos Respublikos Seimas, Statutas<br />
Nr. VIII-1000, 1998 12 22, Žin., 1999, Nr. 5-97 (1999 01 13)<br />
DĖL STATUTO PAKEITIMO<br />
Nauja Seimo statuto redakcija<br />
Šis Seimo statutas įsigalioja nuo 1999 m. vasario 1 d., išskyrus šio statuto 38 straipsnio 2 dalį, kurioje yra nustatoma, kad frakciją gali<br />
sudaryti ne mažiau kaip 7 Seimo nariai. Ši nuostata įsigalioja nuo naujo Seimo darbo pradžios. Iki to laiko Seimo frakciją gali sudaryti<br />
ne mažiau kaip 3 Seimo nariai.<br />
Poland: Footnote only publishing addresses of the novelizations and short notes if necessary.<br />
56<br />
17
2.6. Official and legally binding nature<br />
There is quite a large difference in opinions concerning the legal status of consolidation. Historically<br />
the paper version of Official Gazettes has been official and legally binding. Still, not everything<br />
published on paper in the Official Gazette is always legally binding. The consolidated versions of<br />
legal acts published in Official Gazettes may be official, but in many cases they only have informative<br />
value.<br />
Since 2001 when Belgium changed the history in publishing Official Gazettes and started to<br />
disseminate Belgisch Staatsblad/Moniteur belge only via Internet the electronic versions of Official<br />
Gazettes have acquired official status in numerous countries. It has aroused the question of the status<br />
of consolidated texts in these electronic publications.<br />
Consolidated acts published in Official Gazette are legally binding:<br />
Slovenia: Consolidations published in Uradni list Republike Slovenije (on paper and electronically)<br />
are equally legally binding.<br />
Estonia: Consolidation is officially published in electronic Riigi Teataja after each modification. It<br />
is legally binding and court may apply the consolidated text. In case the consolidated text does not<br />
correspond to the original text of the legislation or legislation amending or repealing thereof, a court<br />
may refuse to apply the consolidated text and notify the State Chancellery of the contents of the noncorrespondence.<br />
In many cases legal value of the consolidated version depends on the legislative procedure, it has<br />
to be passed through Parliament:<br />
United Kingdom: “Consolidated” versions of legislation are those which are passed by Parliament<br />
and are therefore legally binding. The UK Statute Law Database is the official revised version of the<br />
primary legislation of the UK made available online. Revised texts of legislation held on the Statute<br />
Law Database are deemed to be the official revised edition of legislation and may be accepted by a<br />
Court as the current version of that piece of legislation.<br />
Malta: Consolidated versions of legal texts enacted by Parliament are legally binding as prepared<br />
and published by the Law Revision Commission under the Authority of the Statute Law Revision Act.<br />
Belgium: The consolidated versions of legal texts voted by Parliament are legally binding.<br />
Luxembourg: The consolidated versions of legal texts voted by Parliament are legally binding<br />
(example: “Code du Travail” - Code containing the legal acts referring to labour reglementation -<br />
legally binding as of January 1st 2007).<br />
Official collections depend usually on whether the publication form is official or not. As paper<br />
publication has still official status therefore republication in Official Gazette can be also official.<br />
Germany: The text is only official when the consolidated text is published in the law gazette<br />
(Bekanntmachung der Neufassung).<br />
Hungary: According to Article 60 of Act No. XI/1987 consolidated texts contained in the Official<br />
Compilation of Law in Force (published every five years) are official.<br />
Romania: Republication is the only official consolidated form.<br />
Informative value: In most cases both consolidated texts printed in official paper publication or<br />
published online have just informative value.<br />
EU: The reason, why consolidation does not have official or legally binding status is that the<br />
consolidated versions are not formally adopted by the legislative authorities.<br />
57
Finland: To make consolidated versions official (legally binding) would require changes in the<br />
legislative procedure, and the consolidated version would have to be passed through Parliament<br />
simultaneously with the amendments. This can be the long-term objective.<br />
Sweden: The legally binding promulgation of a legal act has to be exactly in accordance with the<br />
decision of the deciding body (Parliament or Government). The consolidated versions are not formally<br />
adopted by the deciding bodies.<br />
Many countries are planning to give consolidated versions also official or/and legally binding<br />
status in the future.<br />
Czech Republic: System of publication of legally binding electronic and paper versions of acts in<br />
consolidated form called e-Sbirka (e-Collection) is being prepared.<br />
Serbia: Sluzbeni glasnik undertakes certain steps to make its consolidated basis legally binding.<br />
Italy: No immediate plans, but they are thinking to move forward.<br />
Experience of set-backs in this field:<br />
Switzerland: It was discussed within the last revision of the law in 1994 to make consolidated<br />
versions again official (was legally binding up to 1986), but the Parliament has finally confirmed his<br />
position from 1986. Legally binding are still the publications of the original acts in the official gazette.<br />
It is not planned in the next few years to change again the law.<br />
v The official status of consolidated texts should be set forth in legal acts.<br />
Official status and legal coherence is ensured by the obligatory introduction into the consolidated<br />
text of all amendments adopted by the issuer of a legal act. For this reason, an official consolidated<br />
text can be seen as the sum total of the act as established by the issuer of the act at various points in<br />
time.<br />
v To ensure official status, the consolidated text must be published at the<br />
same time as the amendment.<br />
This could involve a time difference: i.e., the consolidated text must be published at least before<br />
the last amendment introduced enters into force.<br />
It is also necessary to provide chronological coherence between the various updated versions of<br />
the consolidated text along with data on the validity or entry into force of the amendments so that the<br />
user would have a clear idea of when a given amendment was in force or will enter into force.<br />
Problems arise when a consolidated text has many “future versions”. In this case it is necessary<br />
upon effecting amendments to refer to the consolidated text that is being amended. The requirement<br />
for this is that the consolidated texts must be official. In Estonia, consolidated texts feature publication<br />
data identical to those of original texts. Even the amending act refers to the consolidated text that is<br />
being amended, to the publication citation (not to the original text or to the publication citations of all<br />
of the acts amending it).<br />
Legislation and other documents published in an official gazette can only be official. Supporting<br />
argument to this statement is that all the information posted on the official web sites of public<br />
58
establishments cannot be unofficial. Citizens expect public establishments and the information provided<br />
by them to be reliable. If part of the information is unofficial, the web page must provide a relevant<br />
notice regarding such information. Yet this gives rise to the question why a public establishment should<br />
give unofficial information.<br />
The fact that an act is legally binding means, above all, that the applicable legislation is published<br />
in the official gazette. If a person has received a text for implementation that has been published<br />
elsewhere, it is neither certain nor verified that it is legally binding. At the same time, the official text<br />
of the adopted act may have been published in some other outlet besides the official gazette intended<br />
for publishing the state legislation. Only the text published in the official gazette, however, can be<br />
regarded as legally applicable in such a situation. This applies on the condition that the laws or the<br />
constitution of that country provides for publication in an official gazette. Attempts should be naturally<br />
made to avoid a situation in which the official text differs from the legally binding text. For example, in<br />
Estonia, the Riigi Teataja Act prohibits the publication of the texts published in the Riigi Teataja in other<br />
publications, be they on paper or electronic, without a reference or link to the Riigi Teataja. The new<br />
wording of the Riigi Teataja Act prescribes an even stricter prohibition — acts that are to be published<br />
in the Riigi Teataja may not be published on the web page of a state agency, but links to the Riigi<br />
Teataja are to be provided if necessary. This also applies when referring to the consolidated texts — it<br />
is necessary and technically feasible to add a link that leads to the consolidated text applicable at<br />
that particular moment. Such prohibition of parallel publication is intended to avoid differences arising<br />
from the errors in the texts regarding official and legally binding texts.<br />
There is an essential contradiction between the unofficial and official publication of consolidated<br />
texts. If consolidated texts are made available as unofficial versions and such a publication is offered<br />
as a service for users, then actually users are being misled as to the obligatory and legally binding<br />
nature of such consolidated texts – all the more so if a public authority follows such a course of action.<br />
In the case of publication of high-quality, legally certain consolidated texts by a public authority, their<br />
official status and legal coherence must be ensured.<br />
v The official status of consolidated texts must be provided by law.<br />
v Official status also ensures legal coherency.<br />
v Official status and legal coherence is ensured by the obligatory introduction into the consolidated<br />
text of all amendments adopted by the issuer of a legal act. For this reason, an official consolidated<br />
text can be seen as the sum total of the act as established by the issuer of the act at various<br />
points in time.<br />
v To ensure official status the consolidated text must be published at the same time as the<br />
amendment. There may be a time gap – i.e. the consolidated text must be published at least<br />
before the entry into force of the last amendment introduced.<br />
v The amendments must be separated in the consolidated text by provisions so that the user<br />
understands when a given amendment enters into force.<br />
v It is also necessary to provide chronological coherence between the various updated versions of<br />
the consolidated text along with data on the validity or entry into force of the amendments so<br />
that the user would have a clear idea of when a given amendment was in force or will enter into<br />
force.<br />
2.7. Liability<br />
Estonia: Pursuant to the Riigi Teataja Act the authorised representative of the issuer of the act is<br />
liable for the authenticity of the consolidated text and the data contained within (for the conformity to<br />
the signed legislation).<br />
59
Errors in consolidation could potentially result in damages to the citizen who relied on its correctness<br />
in good faith. The liability of the public authority is regulated by the institute of state liability in many<br />
countries.<br />
As consolidated texts published in the official gazette are currently legally binding only in Estonia,<br />
let’s see how state liability is applied in there. It is possible to demand, under general civil law bases,<br />
remedy or compensation for an official act by which the state caused damage to citizens. The liability<br />
of the public authority is regulated by the institute of state liability. A person whose rights are violated<br />
by the unlawful activities of a public authority in a public law relationship may claim compensation for<br />
damage caused to their person if the damage could not be prevented and cannot be eliminated by<br />
the protection or restoration of rights. Compensation for damage caused by a failure to act may also<br />
be claimed if the consolidated text is not issued in due course or a measure is not taken in due course<br />
and the rights of a person are violated thereby.<br />
The application of state liability presumes that the publication of the legally binding and official<br />
act is considered an act of the exercise of the state authority and the obligation to publish flawless<br />
acts according to a certain procedure has been clearly prescribed. The liability may also become<br />
personal if the state (public authority) files a recourse action against the officials/employees who made<br />
the mistake. The application of liability presumes precise delimitation of duties between officials/<br />
employees and the identification of the time when the acts were performed by information technology<br />
means and the person performing the acts (log files).<br />
The existence of the liability system compels the publisher to assume full liability for drafting and<br />
publishing the consolidated texts and provide organisational quality control measures to prevent any<br />
mistakes.<br />
3. Organizational aspects<br />
Preparation of consolidated texts is for the most part centralized and takes place either at the<br />
issuer, the Ministry of Justice, the sub-unit servicing the Parliament, or the State Chancellery. If the<br />
preparation of consolidated texts was commissioned through subcontracting procedure, quality control<br />
is performed by the unit responsible for issuing the act.<br />
Consolidations are made by:<br />
Ministries and other authorities<br />
Sweden: The consolidation is done by the Division for Legal and Linguistic Draft Revision at the<br />
Ministry of Justice.<br />
Austria: Federal Chancellery.<br />
EU: Consolidation of primary law (Treaties) is the responsibility of the Council Legal Service.<br />
Poland: Consolidated texts of laws complies special department of the Chancellery of the Sejm to<br />
be signed by Chairman of the Sejm and officially edited in Official Journal in paper version.<br />
Lithuania: IT department in the Office of the Parliament.<br />
Slovakia: consolidation is prepared only within the Ministry of Justice.<br />
Publisher of Official Gazette<br />
Hungary: The consolidation is done by the Legal Consolidation Unit of the Hungarian Official<br />
Journal Publisher.<br />
Turkey: The consolidation is done by the Office of the Prime Minister, Directorate General for<br />
Development and Publication of Legislation.<br />
60
Switzerland: The Centre for Official Publications within the Swiss federal chancellery.<br />
Luxembourg: Service Central de Législation.<br />
EU: Consolidation of secondary law (Regulations, Directives and Decisions) is carried out by the<br />
Publications Office. Some other documents (like guidelines etc.) can be consolidated by the Publications<br />
Office upon request. The consolidation team (6 people) of the Publications Office is responsible for<br />
daily analysis of the Official Journal (taking consolidation decisions), preparing working instructions for<br />
the external contractor and sending source files to the contractor. The technical consolidation is carried<br />
out by the contractor (45 people). The delivered consolidated texts are then validated, controlled and<br />
disseminated by the Office consolidation team.<br />
Outsourced<br />
In Finland consolidation is done by Edita Publishing Ltd. Publication of the entire gazette is<br />
outsourced in Finland.<br />
EU: The technical consolidation process is carried out by an external contractor, following detailed<br />
instructions of the Publications Office consolidation team.<br />
Netherland: Consolidation is made by an external contractor, following detailed instructions of an<br />
interdepartmental editorial board.<br />
It is also possible to prepare consolidated texts in decentralized fashion. In this case the consolidated<br />
texts are prepared and submitted, pursuant to common methodological instructions, by the officials of<br />
the institution that adopted the instrument and only by taking into account the amendments prescribed<br />
in the instruments. When preparing an amendment, the officials of the ministry can verify the option<br />
of the correct introduction of the amendment on the consolidated text to be created. It is a preventive<br />
organisational measure that helps to correct and improve legislation that is faulty from the viewpoint<br />
of the preparation of the consolidated text.<br />
Estonia: Consolidated texts are compiled by the same authorities who are responsible for the<br />
adoption of the basic acts and the amending acts.<br />
1) The Ministry of Justice – Acts and decrees of the President of the Republic;<br />
2) The State Chancellery – regulations and orders of the Government of the Republic;<br />
3) Ministries – regulations of appropriate ministers;<br />
4) The Bank of Estonia – regulations of the President of the Bank of Estonia;<br />
5) The Chancellery of the Parliament – regulations of the National Electoral Committee.<br />
Denmark: by the ministries.<br />
To ensure methodological and organizational uniformity of preparation of consolidated texts and<br />
integration with publication of amendments, the production and publication of consolidated texts must<br />
take place entirely at the issuer.<br />
Decentralized production of consolidated texts, where various agencies prepare and submit<br />
consolidated texts, should proceed from the principle that the same agency that drafted the amendments<br />
should prepare the consolidated texts. Such a system would ensure that need to prepare a consolidated<br />
text is considered in the process of drafting amendments.<br />
In the case of decentralized production of consolidated texts, the issuer must be responsible for<br />
coordinating and administering the publication of consolidated texts. Such a system will ensure the<br />
uniformity and regularity of the publication of consolidated texts and amendments, and verification<br />
of correctness before publication. It will also ensure that the production process takes place using a<br />
uniform methodology.<br />
The availability of consolidated texts must be ensured in accordance with the same procedure as<br />
the publication of amendments.<br />
61
v In the case of electronic publication, the state should not charge a fee for<br />
availability of the valid legislation. Legislation must be available to all in a manner<br />
as understandable and all-encompassing as possible without technical problems.<br />
4. Technical aspects<br />
The electronic formats of collections of consolidated acts are most commonly HTML and PDF. PDF<br />
format is used to maintain the same look of both versions, consolidated and the original act printed in<br />
the official Gazette. PDF format is also suitable for archival.<br />
Consolidation can be made:<br />
Manually – in most cases simple copy-paste.<br />
Switzerland: Automation is not possible at this time. There are very often other legal acts indirectly<br />
touched by amendments. For detecting these special cases it needs high qualified persons. Some links<br />
and other very important information have to be done by lawyers.<br />
Semi-automatically –<br />
EU: The synchronisation of the XML structure from the “pilot” language to the other language<br />
versions is semi-automatic, with manual interventions if automation failed.<br />
Belgium, Germany: Some production steps are supported by automatic procedures. The<br />
modification of the text is done manually.<br />
Automatically –<br />
Fully automatic consolidation seems to be unreachable challenge. It demands very precise<br />
drafting rules for drafting the amending acts and also strictly following the rules. A technical premise<br />
for automatic consolidation is encoding the structure and content of the legal documents.<br />
Automatic or semi-automatic process of consolidation needs standardization of the structure of the<br />
electronic documents. XML is considered to be one of the best for that at present days. In electronic<br />
collections of consolidation using XML schemas is becoming inevitable. This allows different amended<br />
versions of consolidated texts of the same act to be compared and makes it possible to automatically<br />
process consolidated texts.<br />
XML schemas used for legal documentation and consolidation:<br />
Common standard –<br />
Metalex - is an open format and a generic and extensible framework for the XML and RDF<br />
encoding of the structure and contents of legal documents. It aims to be jurisdiction and languageneutral,<br />
and is based on modern publishing concepts like XSLT-based transformation pipelines and<br />
emerging Semantic Web standards like RDF and OWL.<br />
Denmark: LexDania;<br />
Switzerland is using different standards (Metalex, LexDania);<br />
Germany: Bundesanzeiger and Bundesgesetzblatt print are partly XML-based; eBundesanzeiger<br />
is XMLbased.<br />
Own standards<br />
Italy: Norm In Rete;<br />
EU: Formalised Exchange of Electronic Publications (Formex);<br />
Netherlands, Finland, and France – own XML schema;<br />
62
Belgium, Latvia: Consolidated acts are structured documents in data base that are convertible to<br />
XML format if necessary.<br />
The use of the XML mark-up language is most suitable for compiling consolidated texts. This allows<br />
different updated versions of consolidated texts of the same act to be compared and enables automatic<br />
processing of consolidated texts.<br />
In developing legislation information systems, the need for publication of consolidated texts should<br />
be considered, with publication procedure integrated with publication of amendments so that the<br />
introduction of every amendment into the consolidated text and the need to publish the consolidated<br />
text would lie within the sphere of control. It is possible to automate the monitoring system.<br />
In studying the practices and problems in different countries, the working group concluded that<br />
the best practice would be to use a particular ideal model to resolve problems and fulfil the objective<br />
of making the consolidated texts available.<br />
v The official status of consolidated texts should be set forth in legal acts.<br />
v The requirement for preparing consolidated texts is that the drafting rules must allow the<br />
consolidated texts to be prepared and all of the various amendments from different points in<br />
time to be introduced into the basic text – the consolidated text.<br />
v Amendments must be separated in the consolidated text by provisions so that the user would<br />
readily understand when each amendment enters into force.<br />
v To ensure methodological and organizational uniformity of the production of consolidated texts<br />
and integration with publication of amendments, the production and publication of consolidated<br />
texts must take place entirely at the issuer.<br />
v Decentralized production of consolidated texts, where various agencies prepare and submit<br />
consolidated texts, should proceed according to the principle that the same agency that drafted<br />
the amendments should prepare the consolidated texts. Such a system would ensure that the need<br />
to prepare a consolidated text is taken into consideration during the drafting of amendments.<br />
v In the case of decentralized compiling of consolidated texts, the issuer must be responsible for<br />
coordinating and administering the publication of consolidated texts. Such a system ensures<br />
the uniformity and regularity of the publication of consolidated texts and amendments, and<br />
verification of correctness prior to publication, and also ensures that the production process<br />
takes place according to a uniform methodology.<br />
v The availability of consolidated texts must be ensured in accordance with the same procedure as<br />
the publication of amendments.<br />
v In the case of electronic publication, the state should not charge a fee for availability of the law in<br />
force. Legislation must be available to all in a manner as understandable and all-encompassing<br />
as possible without technical problems.<br />
v The use of the XML mark-up language is the most suitable for producing consolidated texts. This<br />
allows different updated versions of consolidated texts of the same act to be compared and<br />
enables the automatic processing of consolidated texts.<br />
v Development of legislation information systems must proceed taking into account the need for<br />
publication of consolidated texts. Publication procedure should be integrated with the publication<br />
of amendments such that the introduction of every amendment into the consolidated text and the<br />
need to publish the consolidated text lies within the sphere of control. It is possible to automate<br />
the monitoring system.<br />
63
Goals and tasks<br />
7th meeting, Rome<br />
23rd – 24th September 2010<br />
Consolidation<br />
Final report of the <strong>Working</strong> Group<br />
presented by<br />
Ms Marika Seppius<br />
Riigi Teataja, Estonia<br />
analysing the methods and the organisation of consolidation<br />
production and publication in different countries;<br />
charting the different countries practices in producing and publishing<br />
consolidated texts;<br />
identifying the best practices and the problems/obstacles to<br />
successful consolidation procedures;<br />
studying the possibilities to attribute a legal value to consolidated<br />
texts.<br />
1<br />
2
Participants<br />
Chair: Marika Seppius (Estonia)<br />
Secretary: Aija Bilzna (Publications Office)<br />
Members: Helga Stöger (Austria)<br />
Karl Irresberger (Austria)<br />
Pavel Gardavsky (Czech Republic)<br />
Jüri Heinla (Estonia)<br />
Christoph Eckert (Germany)<br />
Joelle Kaufmann (France)<br />
Philippe Gibon (France)<br />
Inese Luste (Latvia)<br />
Artis Trops (Latvia)<br />
John Dann (Luxembourg)<br />
Roman Makara (Slovakia)<br />
Albrecht Berger (Publications Office)<br />
Meetings<br />
10th and 11th March 2008 in Luxembourg – decision on the<br />
objectives of the group<br />
15th and 16th May 2008 in Tallinn – decision on the questionnaire<br />
14th and 15th July 2008 in Riga – validation of the questionnaire<br />
17th June 2009 in Brussels – result analysis<br />
3<br />
4
Questionnaire<br />
online questionnaire, with attachments and links<br />
28 questions on legal, organisational and technical issues<br />
answers from 28 countries<br />
results – summary of status quo<br />
Overall remark<br />
http://www.wg-consolidation.eu/<br />
While analysing the multiple consolidation practices, the<br />
working group concluded that the main attention should be<br />
drawn to:<br />
legislative drafting rules and, eventually, similar<br />
consolidation guidelines;<br />
actions for handling contradictory/mistaken instructions<br />
(practices when consolidation normally is not possible);<br />
visibility of the applied modifications (different mark-up<br />
practices);<br />
legal value of consolidated texts and the liability of the state<br />
for the official consolidations.<br />
(for more details please see the report)<br />
5<br />
6
Legal aspects - findings<br />
Existence of legal basis for consolidation – 50% yes / 50% no<br />
Mainly no fixed deadlines<br />
No legal definition, the understanding is common<br />
Various basis, rather common drafting rules<br />
Different mistake correction practices<br />
Notification to the author<br />
Publication of official corrigenda<br />
Notice in the consolidated text<br />
Different mark-up (amendment presentation) practices<br />
Different opinions on legal status of consolidated texts<br />
Legal aspects - conclusions<br />
Drafting rules must be followed and allow clear consolidation<br />
Amendments must be:<br />
in clear and unambiguous wording,<br />
easy to insert into the original text,<br />
based on applicable version of the basic act.<br />
Official status of consolidated texts should be set by law<br />
Legal coherency + simultaneous publication of the amendment<br />
and the consolidated text<br />
7<br />
8
Organisational aspects - findings<br />
Centralised preparation of consolidated versions<br />
Specific national authority<br />
Publisher of Official Gazette<br />
Outsourced (private company)<br />
vs.<br />
Decentralised preparation of consolidated versions<br />
Author institutions<br />
Responsible ministries<br />
Organisational aspects - conclusions<br />
To ensure uniformity of consolidation and amendments, the<br />
authors of amendments (the issuers) should prepare the<br />
consolidated versions.<br />
In case of decentralised consolidation, the issuer must be<br />
responsible for coordinating and administering the publication<br />
of consolidated texts.<br />
In case of electronic publication, the state should not charge a<br />
fee for the availability of the law in force. Legislation must be<br />
available to all in a manner as understandable and allencompassing<br />
as possible without technical problems.<br />
9<br />
10
Technical aspects - findings<br />
Most common formats – HTML and PDF<br />
Automatisation degree<br />
Manually (most countries)<br />
Semi-automatically (e.g. EU, Germany)<br />
Automatically (future challenge)<br />
Wide use of XML schemas (common and own standards)<br />
Technical aspects - conclusions<br />
A technical premise for automatic consolidation is encoding the<br />
structure and the content of the legal documents. It demands<br />
very precise drafting rules for drafting amending acts and also<br />
strictly following the rules.<br />
Use of XML is most suitable for compiling consolidated texts.<br />
In developing legislation information systems, the need for the<br />
publication of consolidated texts should be considered, with<br />
publication procedure integrated with publication of<br />
amendments so that the introduction of every amendment into<br />
the consolidated text and the need to publish the consolidated<br />
text would lie within the sphere of control. It is possible to<br />
automate the monitoring system.<br />
11<br />
12
Important notice<br />
As regards the different national backgrounds and<br />
systems, of course, in no way can the working group's<br />
recommendations and conclusions force the national<br />
states to adapt one or the other way of proceeding.<br />
Questions and answers<br />
?<br />
Thank you for your attention!<br />
13<br />
14
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
71<br />
Rome 2010<br />
Progress Report from the<br />
<strong>Working</strong> group on<br />
Indexing and Search<br />
presented.by<br />
Aleš Gola<br />
Chairman of the working group<br />
Ministry of the Interior of the Czech Republic
1. Mandate and objectives of the working group<br />
Providing legal information to all kind of users (citizens, businesses, government) in the most<br />
efficient way is one of the principal tasks of publication offices. Examination and implementation of<br />
methods and techniques that enable easy and transparent access to legal documents and information<br />
contained in legal information systems therefore has to be permanent concern of publication offices<br />
and of the Forum.<br />
Optimal indexing together with corresponding search facilities constitute basic means to provide<br />
users with information and documents. Adopting efficient and functional interfaces exploiting these<br />
basics and implementing modern technologies can further improve accessibility of legal documents and<br />
information, provide possibility to share knowledge with other users and even enable transformation of<br />
legal information systems to legal knowledge systems.<br />
Based on these assumptions, the objectives of the working group “Indexing and Search” are as<br />
follows:<br />
1. Collect experiences and information<br />
o on indexing facilities for legal documents and databases (metadata, thesauri, document<br />
structure, search engines, use of links to/between documents as well as organisational<br />
aspects of indexation with special focus on indexation automation possibilities),<br />
o on search facilities (search engines - their properties and possibilities, used search<br />
interfaces or, in simple words, how to enable users to find exactly the document or<br />
information they are looking for in the shortest possible time and with minimum effort),<br />
o on the design of end user interfaces and potential of selected modern technologies<br />
(interface of legal information systems, RSS feeds, semantic web techniques, social web<br />
technology etc.).<br />
2. Identify and recommend best practices and technologies which could bring maximum of benefits<br />
to the users and be economically reasonable for publication offices.<br />
3. Present model solutions for indexing, search, and other aspects of legal information systems<br />
based on working group findings.<br />
2. Members of the working group<br />
CHAIRPERSON: Mr Aleš Gola, (Czech Republic)<br />
SECRETARY: Mr Holger Bagola (Publications office)<br />
PUBLICATIONS OFFICE Mr Andrea Bartolini<br />
Mrs Christine Laaboudi<br />
Mr Jose Antonio Dominguez Rojas<br />
Mrs Krassimira Dimitrova<br />
Mr Alexander Bresch<br />
Mrs Anna Lisowska<br />
CZECH REPUBLIC Mr Jiri Bajer<br />
Mr Emil Horč ič ka<br />
DENMARK Mrs Nina Koch<br />
Mr Søren Broberg Nielsen<br />
ESTONIA Mr Martin Parik<br />
73
GERMANY Mr Jörn Erbguth<br />
Mr Sascha Heinig<br />
Mr Ralf Killian<br />
MKD Mr Andon Stefanovski Jiri<br />
POLAND Mrs Alicja Witorska<br />
ROMANIA Mr Ion Dumitru<br />
Mrs Cristina Popescu<br />
SLOVAKIA Mr Pavel Gardavský<br />
SLOVENIA Mrs Almira Turk<br />
3. <strong>Working</strong> group meetings<br />
Four meetings of the working group have taken place:<br />
1 st meeting of working group - 19-20 March 2009 in Luxembourg<br />
The Meeting was aimed at setting a basis for future work. The working group agreed on the<br />
mandate proposal to be submitted for approval at London meeting of the Forum. An important part of<br />
the first meeting formed the discussion on terminology concerning indexing and search, which resulted<br />
in a proposal of common definitions of terms. The working group also debated the framework of an<br />
indexing and search questionnaire and created a basic list of possible questions.<br />
2 nd meeting of working group - 28-29 April 2009 in Prague<br />
The working group agreed on the commented and finalised version of the common terminology<br />
list. The preparation of the questionnaire continued with commenting and discussing the extent of<br />
the questionnaire as well as the harmonisation of questions. The working group decided to use an<br />
online questionnaire technique to disseminate the questionnaire, to review the items and test-fill the<br />
questionnaire. The delegation of Slovakia presented principles of the EPI-system for access to legislation,<br />
including future plans concerning the use of Topic Maps - one of the semantic web technology standards.<br />
The German delegation demonstrated an approach to retrieval by means of hyperlinking such as used<br />
in Juris system. This methodology seems to offer a rather user-friendly retrieval of documents which offer<br />
parallel mean of access to documents and information contained in legal information systems.<br />
3 rd meeting of working group - 20-21 April 2010 in Luxembourg<br />
The meeting was opened with the report of the chairman of the working group on results of the<br />
Forum meeting in London. The working group agreed that the mission of the working group should<br />
be extended by integrating aspects of metadata normalisation and standardisation. Afterwards the<br />
delegations from Poland, the Czech Republic and Slovenia presented new projects of their publication<br />
offices concerning area of indexing and search. The Danish delegation informed about the start of the<br />
implementation of a feasibility study on implementing of the Google search technology into the Danish<br />
legal information system.<br />
Presentations during the meeting were primarily aimed at transformation process of the Publication<br />
Office of the European Union. The Publication Office presented experiences with a prototype for semiautomated<br />
indexing and described a methodology which is based on statistics and lexicometry and<br />
is supposed to provide reliable results. The Publication Office also introduced efforts for harmonising<br />
and standardising controlled vocabularies (authority tables) which will serve as values for various<br />
metadata elements. The administration of metadata definitions, element sets and authority tables using<br />
the metadata registry was the subject of another presentation. The set of reports was concluded with<br />
74
information on a new version and methodology for Eurovoc where the language independent concepts<br />
and the language dependent terms replace the former system of descriptors. The Slovak delegation<br />
then demonstrated an example of Eurovoc how Topic Maps, the ISO standard 13250 for semantic<br />
mark-up and knowledge engineering, can be used to improve indexing and search.<br />
The rest of the meeting concentrated on discussing results of the test-filling of the questionnaire.<br />
The working group decided to disseminate the questionnaire after the results of the discussion will be<br />
implemented.<br />
4 th meeting of working group - 15-16 June 2010 in Luxembourg<br />
The chairman of the the working group presented the results of the Rome meeting of the extended<br />
chair of the Forum. His overview was followed by a Danish presentation on the results of the XML<br />
working group which consist of a vocabulary (XML Schema and DTD) for common metadata. Another<br />
presentation described the use of ontologies, the FRBR model and semantic web technologies in project<br />
of transformation of Publication Office of the European Union. The Slovak delegation demonstrated<br />
how Topic Maps can be used as a tool for enhancement of information retrieval.<br />
The second part of the meeting was dedicated to evaluation of the results of the questionnaire.<br />
The working group drew up preliminary conclusions, which will be discussed in-depth by the working<br />
group members.<br />
Minutes from the meetings of the working group can be accessed at website of the European<br />
Forum of Official Gazettes.<br />
4. Questionnaire<br />
The working group “Indexing and search” decided to prepare and disseminate a questionnaire<br />
on the practices of of publication offices in the area of indexing and search in order to prepare an<br />
overview of the current situation and to concentrate future efforts to key areas of interest of publication<br />
offices.<br />
The extent of questions and topics covered was based of working group mandate which adopted<br />
the complex approach to indexing and search within a larger scope, the access to information contained<br />
in legal information systems of publication offices. This approach was based both on experience of<br />
group members and results of presentations of advanced legal information systems from Slovak and<br />
German delegations. Despite these systems are partially commercial and therefore not all findings<br />
can be generalised, they revealed that access to information in modern legal information systems<br />
is generally based on a mix of different technologies and mostly concentrated on search interfaces<br />
and the use of indexing practices. Therefore the questionnaire also covers questions concerning<br />
documentary bases of legal information systems, the collection and use of user feedback, the creation<br />
and structure of metadata, the implementation of hyperlinking between documents, the openness of<br />
legal information systems and their connections with other sources of legal information as well as the<br />
implementation of social web technologies.<br />
The working group decided to use an online questionnaire in order to simplify the filling of the<br />
questionnaire by the users as well as facilitate the following evaluation by the members of the working<br />
group.<br />
After the initial drafting the questions were revised in a multistage process aimed at specifying<br />
their wording and leaving out questions that were not deemed necessary for the purposes of the<br />
working group. As integral part of the process the questionnaire was test-filled by the working group<br />
members. After a final revision the questionnaire consisted of 68 questions divided into three sections:<br />
Indexing, Search and Common questions. The questionnaire was disseminated to 39 Forum members<br />
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and cooperating countries on 17 May. 2010 with a deadline set to 11. June 2010; a reminder was<br />
sent consequently. 33 out of 39 countries responded the questionnaire.<br />
The answers to the questionnaire prove good general understanding of the submitted questions.<br />
Only in some cases the questions were misunderstood. The reason might be the cooperation of several<br />
persons on the preparation of answers, a confusion caused by describing current and future states at<br />
the same time as well as inaccurate wording of some questions.<br />
After the discussion and evaluation of the answers the working group decided to interconnect the<br />
evaluation of answers in the interim report with information gained from the presentations of practices<br />
during the working group meetings. The working group also decided to highlight progressive practices<br />
in the area of indexing and search.<br />
For the sake of evaluation, the following chapters group the questions and their answers according<br />
to their topics. Questions offering a preset of multiple choices of answers are displayed along with<br />
graphical display of answers. Answers to open questions which cannot be graphically expressed, are<br />
marked as open questions.<br />
4.1 Documentary aspects<br />
C02. How many documents does your legal information system offer to the user? – Open question.<br />
C03. Do the files in your legal information system usually consist of several documents (for<br />
example.pdf file containing several acts, secondary legislation, international treaties etc.)?<br />
Yes<br />
No<br />
In certain cases yes<br />
C04. Are your legal documents structured according to a XML-compliant grammar (e.g.<br />
datastructure stored in database and exportable to XML if necessary)?<br />
Stored in XML (with DTD/XSD)<br />
Stored in XML (well formed)<br />
Stored in database<br />
No, we’re not familiar with XML<br />
C05. Which character encoding system(s) is (are) used in your documents and legal information<br />
system?<br />
Unicode<br />
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Other (please specify)<br />
Not yet, but we plan to convert to Unicode<br />
The working group considers questions on documentary bases as an important prerequisite for the<br />
evaluation of the following questions. The answers revealed that publication offices have to deal with<br />
a huge number of documents ranging from thousands to millions, typically between tens and hundreds<br />
of thousands of documents. The precise number can be actually higher in multilingual environments,<br />
as e.g. the European Union treats all language versions of document as one “documentary unit”. It<br />
is also important to note that documents in many countries consist of several other documents. Such<br />
a document, which is typically an issue of the official journal, serves as a container of documents<br />
carrying the actual legal content.<br />
The questionnaire showed that preferred character encoding used for documents by publication<br />
offices is Unicode.<br />
Concerning the internal structure of documents, the use of XML mark up is common but not the<br />
prevailing practice. The Swedish transformation project also shows that an alternative solution can be<br />
adopted: the use XHTML in combination with an RDF vocabulary.<br />
4.2 Use of controlled vocabularies<br />
I01. Do you use controlled vocabularies in your legal information system (thesauri, taxonomies ...)?<br />
simple list of indexing terms<br />
taxonomies<br />
topic maps<br />
thesauri<br />
other?<br />
I02. What is the main purpose of use of controlled vocabularies?<br />
improving information retrieval<br />
internal document organization<br />
other (please describe)<br />
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I04. Please describe the contents of controlled vocabularies, add descriptive documents,<br />
screenshots, etc.<br />
branches of law<br />
Keywords<br />
user target groups<br />
accessibility information<br />
other (please describe)<br />
I05. Does your legal information system contain a central register of controlled vocabularies?<br />
Please specify in additional notes which applications use controlled vocabularies and how is the<br />
maintenance of controlled vocabularies and access to controlled vocabularies organised?<br />
Yes, central register exists.<br />
Not yet, but planned<br />
No, please explain why<br />
I06. Do you provide an end user interface to the implemented controlled vocabularies?<br />
Yes, for information retrieval<br />
Yes, for browsing controlled vocabularies<br />
Yes, for user adding of terms<br />
No, please explain why<br />
I07. If you use more than one controlled vocabulary please describe if they are interconnected<br />
and how.<br />
No, we use only one controlled vocabulary<br />
Yes, please describe if they are interconnected and how.<br />
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I12. Do your controlled vocabularies contain synonyms/equivalents? How are they implemented<br />
and used?<br />
Yes<br />
Yes as non-descriptor<br />
Yes, other (please specify)<br />
Not yet, but planned<br />
No<br />
I13. What is the number of descriptors and non-descriptors (such as synonyms) in your controlled<br />
vocabularies? If you use thesauri or taxonomy what is the maximum level of hierarchy? – Open<br />
question.<br />
Based on the questionnaire results, publication offices use controlled vocabularies relatively<br />
commonly. The purpose of their use is in most cases the enhancement of information retrieval in their<br />
legal information systems. In most of the cases those controlled vocabularies actually are indexes of the<br />
official journals with a basic level of internal organisation containing keywords used for indexing. In<br />
some cases the controlled vocabularies are organised as taxonomies or even as a thesauri. Examples<br />
of thesauri range from the Integrated Public Sector Vocabulary used in United Kingdom as a common<br />
indexing tool for public sector documents and Eurovoc to specialized legal thesauri as used by the EPI<br />
system in Slovakia.<br />
The United Kingdom remarked that, based in their findings, users actually prefer to use other<br />
means to retrieve documents than controlled vocabularies. They therefore decided not to use complex<br />
controlled vocabularies in the future, but focus on the development of a number of light weight domain<br />
specific ontologies, for example about parts of government. They plan to extract these directly from<br />
the legislative texts and manage them in a separate knowledge base of legislation (an RDF store). An<br />
initial version should be available later this year.<br />
Controlled vocabularies used for improving information retrieval are usually publicly accessible<br />
and can be browsed or used as a way to directly access documents. In some cases users are even<br />
allowed to add their own terms to controlled vocabularies.<br />
Another major area of use of controlled vocabularies concerns document organisation. In this<br />
context the answers provided several cases of use of advanced technologies for their structure, including<br />
semantic web technologies such as the use of RDF/OWL (ontologies). Examples from this area were<br />
provided by the Publications Office of European Union, the United Kingdom and France.<br />
The use of controlled vocabularies for document organisation (especially in area of metadata) is<br />
connected with projects of metadata registers. An example is the Record project of the Publications<br />
Office of the European Union. The RECORD metadata registry is not only a central organisation of<br />
harmonised metadata, but also a point for extraction and dissemination of the stored values. Design<br />
and processing are mainly inspired by the international standard ISO 11179. The registry also serves<br />
as a foundation for efforts for harmonising and standardising controlled vocabularies (authority tables);<br />
their contents will be used as values for various metadata elements. The aim of the harmonisation is<br />
to exclude the use of different terms to express the same or similar concepts which led to a currently<br />
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inhomogeneous and therefore unsatisfactory situation in the metadata catalogue, while at the same<br />
time historical changes have also to be kept in mind.<br />
Only very seldom publication offices use more than one controlled vocabulary. In the case where<br />
various controlled vocabulary are used, they are usually not interconnected. However, ontologies can<br />
interconnect controlled vocabularies on an organisational level by storing them in a knowledge base.<br />
Some answers revealed that in several countries synonyms contained in controlled vocabularies<br />
are used to expand search results, especially for layman users of legal information systems who have<br />
difficulties choosing the preferred legal term in their search queries (Switzerland, Slovakia, United<br />
Kingdom). Apart from synonyms, controlled vocabularies in some cases show rather high complexity,<br />
as taxonomies can reach up to seven levels.<br />
4.3 Eurovoc<br />
I09. Do you use Eurovoc? For which purpose? Do you plan or don’t you plan to use it? Why you<br />
do/don’t plan Eurovoc usage?<br />
for multilingual purposes<br />
for search terms expansion<br />
for indexing<br />
no (describe why please)<br />
not yet, but planned<br />
I10. Which version of Eurovoc do you use? If you use older version do you plan to use newer<br />
version of Eurovoc an when?<br />
Eurovoc v4.2<br />
Eurovoc v4.3<br />
other vision<br />
I11. If Eurovoc is used, did you implement enhancements for domains which are not covered?<br />
Yes, we supplement Eurovoc<br />
No, we use Eurovoc “as it is”<br />
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A separate set of questions was dedicated to the use of Eurovoc which is a unique indexing<br />
tool with direct connection to European Union and law of European union . The recently presented<br />
new methodology introduced for Eurovoc is based on semantic and knowledge technologies, where<br />
the language independent concept and the language dependent terms replace the former system of<br />
descriptors as the central point of interest.<br />
The answers also showed that, despite its use is nowadays limited to several countries, a<br />
considerable number of countries plan or consider to use Eurovoc in future. The reason why Eurovoc<br />
is used or planned to be used is either based on necessity to deal with multilingual environments or<br />
because of its connection to European laws and the possibility to provide a “European view” (Slovakia)<br />
on national legislation. Countries using Eurovoc as a thesaurus for indexing national legislation tend<br />
to implement new terms in areas not or not well covered by the original version.<br />
The reasons why other countries are not using Eurovoc differ among publication offices. Denmark<br />
pointed out that Eurovoc has gaps in specific areas of legal terminology and therefore cannot be<br />
used for indexation of Danish legal documents. The United Kingdom stated that it investigated the<br />
possibility of using Eurovoc and also the Global Legal Information Network’s controlled vocabulary.<br />
The implementation of either or both was prohibitively expensive for relatively little return in terms of<br />
improved search results or improved experience for end users. The United Kingdom is convinced that<br />
there is only little or no demand at all from users for the use of Eurovoc. It considers Eurovoc to be<br />
perhaps too broad to be useful for indexing legal documents. The United Kingdom suggests the use of<br />
smaller, light weight ontologies which in their opinion could provide richer exploration of legislative<br />
concepts.<br />
4.4 Indexing practices<br />
I03. In case controlled vocabularies are used, is the indexing done manually, semi-automatically<br />
or automatically?<br />
manually<br />
semi-automatically<br />
automatically<br />
Yes<br />
No<br />
I08. Do you go for re-indexation after a new version of your controlled vocabularies is released?<br />
I14. What is the frequency of updating index(es)? Is index(es) update performed or dependent on<br />
the data content update or at scheduled time?<br />
Index update daily<br />
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Index update weekly<br />
Other period of index update<br />
Index(es) update performed or dependent on data content update<br />
I15. Please explain the management of the controlled vocabularies (modifications, maintenance)?<br />
– Open question.<br />
Indexing practices are one of the major areas of interest of the working group. Manual indexing<br />
is still a prevailing praxis among most of the publication offices using controlled vocabularies for<br />
improvement of information retrieval. Manual indexing requires educated legal staff and is considered<br />
as an economic burden more than the management of controlled vocabularies itself. Several countries<br />
stated that the costs of manual indexing is one of the reasons why they did not implement controlled<br />
vocabularies (United Kingdom) or abandoned their use (Belgium).<br />
Another form of response to the costs of manual indexing is the implementation of general<br />
automated indexing tools. Experiences from United Kingdom, however, show that the use of general<br />
tools is not reliable in area of legislative documents.<br />
Several countries implemented or plan to implement semi-automated indexing to provide assistance<br />
to human indexers and reducing overall cost of indexing.<br />
The Publications Office of the European Union develops the prototype of a system for automated<br />
pre-indexing. The automatic indexing process purpose is to assist human indexers in the association<br />
of Eurovoc descriptors or concepts to documents. The methodology of the system is based on statistics<br />
and lexicometry which serves to generate rules how to index documents based on former results of<br />
human indexers. The original prototype is now being transformed in the way that it could deal with<br />
large quantities of documents.<br />
Bosnia and Herzegovina introduced a system where indexing is done manually, and then, depending<br />
on different criteria, a programme suggests improvements of indexing (depending on the most common<br />
queries). These suggestions are improved by operators and then applied by the engine. Spain adopted<br />
the opposite approach, where an Oracle application provides a term list for an indexed document, from<br />
which indexers choose adequate indexing terms. The terms are based on Eurovoc.<br />
In general it can be concluded that automation in this area is still at the beginning of implementation<br />
and in process of selecting adequate technologies and procedures.<br />
The cost of human labour is also the reason why many publication offices do not re-index, at least<br />
not immediately, their documentary bases after the release of new version of a controlled vocabulary.<br />
In some cases (European Union) instead of re-indexing the previous version the controlled vocabulary<br />
is mapped to new version. In other cases the updated index is available more or less immediately after<br />
changes in the documentary bases.<br />
4.5 Search engines<br />
S01. Do you use search engines in your legal information system?<br />
Yes<br />
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no - please tell why:<br />
S02. Is (are) your legal information system search engine(s) based on open source or commercial<br />
tools or is it (are they) the result of specific development? Please provide us with the name and version<br />
(if possible) in the textbox and explain reasons of your choice (if possible) in the “Additional notes”<br />
box.<br />
Commercial<br />
modified commercial<br />
open source<br />
developed specifically for you legal information system<br />
S03. Is the search system integrated internally in your legal information system or do you use an<br />
external search service (e.g. Google)? Please explain reasons for your choice.<br />
integrated in our LIS<br />
we use an external service<br />
S04. If you use external search service, are you able to influence its behaviour (adjusting it’s<br />
parameters to your needs and constraints of your system - e.g. which metadata are indexed or<br />
which items are displayed in the list of search results). If there is a possibility of modifications do you<br />
use it and how?<br />
No, it is a “blackbox”<br />
Yes, but we use “as it is”.<br />
Yes, we adjust parameters to our needs.<br />
S05. Are external search engines allowed to search/index your legal information system?<br />
Yes, fully (all content).<br />
Yes, but with restrictions<br />
No, please describe why<br />
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Not yet, but planned<br />
S06. If external search engines are allowed to search/index your legal information system, are<br />
you aware of share of visitors coming to your legal information system from external search engines?<br />
If possible, please also express numbers of these visitors compared to overall number of visitors?<br />
Yes, specify the number<br />
Yes, specify the number and share<br />
No<br />
Not yet, but we plan this<br />
S28. Please describe the overall search architecture implemented in your legal information system.<br />
– open question.<br />
S27. Please explain the management of search facilities. – Open question.<br />
Based on the answers, the search engine interface is (or will be) integral part of legal information<br />
systems maintained by the publication offices. This proves both good awareness of the importance of<br />
search facilities for users, as well as the demand for search interfaces from users of legal information<br />
systems.<br />
The publication offices use a large variety of search engines ranging from integrated database<br />
search engines, through separate search engines to the use of external search engine interfaces. The<br />
search engines may be based on commercial solutions, which is more frequent, or proprietary or even<br />
open source tools. The choice is clearly made based on the specific situation of every publication<br />
office.<br />
There are two general trends, which are obvious. The first one is the integration of search engines<br />
into legal information systems. The reasons stated are the necessity to have a control over the search<br />
setup or possibility to adapt search to likenesses of legal documents.<br />
The second one is the demand of users for a simple search interface with advanced facilities. This<br />
leads to efforts to implement general search engines as Google search into legal information systems.<br />
One of the countries which chose this approach is Denmark. Its report on the implementation<br />
of the Google search engine showed both limits of its general setup and a possible solution. Using<br />
uninfluenced Google search led to unsatisfactory results when the less relevant documents were<br />
displayed as more relevant. It was also clear that an indexing engine does not consider the document<br />
as a whole and does not index more data than a given number of megabytes. However, the behaviour<br />
of Google search is to some extent modifiable (about 15 % of all settings) while the rest of setting<br />
reminds a business secret of Google. One of the possibilities which can be exploited in order to improve<br />
the results is the implementation of metadata. The user can set a level of relevance for legislative<br />
documents based on their types, validity and number of passive references to the documents. After<br />
these changes the relevance of the search result was improved and can be regarded as satisfactory<br />
for the implementation into official legal information system. The Czech Republic experienced similar<br />
problems while implementing Google search.<br />
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Legal information systems are generally open to be indexed and searched by search engines.<br />
Exceptions are applied usually because of the partially commercial character or due to limited system<br />
capabilities. Considering the amount of users retrieving information using external search service,<br />
which ranges from 5 to 60 %, external search engine can become a major gateway to the documents<br />
stored within the legal information systems, in some cases actually more important than implemented<br />
search engines.<br />
An example of an advanced overall architecture was provided by United Kingdom. The United<br />
Kingdom informs that for the new legislation service there are a number of search facilities. There is a<br />
search box on the homepage. There is a drop down quick search available throughout the site. There<br />
is an ‘intelligent’ advanced search page that guides users through search options. There is a “changes<br />
in legislation” service that provides a different type of search, relating to which legislation documents<br />
have changed what other documents, over time.<br />
4.6 Users, search interface and feedback<br />
C01. Who are the users of your legal information system?<br />
legislation creators<br />
professional lawyers<br />
business users<br />
citizens<br />
civil servants<br />
other, please specify<br />
S09. Do you use various search engines interfaces for different classes of users? (e.g. legislation<br />
creators, legal professionals, citizens). If possible, please add links or other attachments (like<br />
screenshots) illustrating search engine interfaces and describe for which classes of users are interfaces<br />
designed for?<br />
Yes, please describe<br />
One all-purpose interface only<br />
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Various search interface(s) planned<br />
No various search interface planned<br />
S21. Does your legal information system offer a user driven search (search engine enhanced by<br />
use of knowledge on human behaviour as well as search engine allowing user-customised search)?<br />
Yes (please describe)<br />
Not yet, but planned<br />
No, please tell us why<br />
S22. Do you collect feedback on use of search facilities in your legal information system? Do you<br />
use collected data to improve search facilities?<br />
Yes, we collect (please describe how)<br />
Yes, we collect and use to improve search facilities (please describe how)<br />
Not yet, but planned<br />
No, please tell us why<br />
S23. Do you systematically collect information on user behaviour connected with search (structure<br />
of user queries, sequences of documents displayed by user etc.). Do you analyse collected information<br />
and use it for improving search facilities?<br />
Yes, we collect (please describe)<br />
Yes, we collect, analyse and use it for improvement (please describe)<br />
Not yes, but planned (please describe)<br />
No, please tell us why<br />
S24. Does your legal information system provide a help for the user (help interface, helpdesk,<br />
callcentre ...)? If so, how many requests concern search?<br />
Interactive help interface<br />
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Helpdesk<br />
Call centre<br />
No, but planned (please describe)<br />
No, please tell us why<br />
S25. Do you inform users on a regular basis about changes in search facilities and about changes<br />
that impact search results (change or improvement of search possibilities, monitoring of new documents<br />
in area of interest of user etc.)? Please specify how and about which kind of changes are the users<br />
informed in additional note.<br />
Yes, by e-mail<br />
Yes, by RSS, Twiitter, Facebook<br />
Yes, by web announcement<br />
Yes, other (please describe)<br />
No, please tell us why<br />
Not yet, but planned (please describe)<br />
This section of question deals with interaction between publication offices and users of legal<br />
information systems and investigates whether information collected from users is turned into adjustment<br />
of legal information system.<br />
The extent of users based on publication offices’ findings is almost the same and very broad.<br />
Denmark stressed legislation creators and civil servants to be a very important group of users. Several<br />
other countries added university teachers and students as another substantial group of users.<br />
The United Kingdom utilizes information on user base to develop personas as legislation users;<br />
this approach serves as basis for the management of services. The primary persona (Mark Green) is<br />
an expert professional, working in local government. He is not a trained lawyer, but knows about the<br />
law in one area of interest. He does not have access to the commercial services. The second persona,<br />
Heather Cole, is a citizen trying to protect her rights. The legal librarian (Jane Booker) is legally trained<br />
and represents the “expert” user; she has access to commercial legal services.<br />
One of the areas where information on the structure of users is implied is the design of the search<br />
interface. Some countries provide different search interfaces for different groups of users, usually<br />
with larger amount of options for expert users ranging from simple up to advanced or even “extreme<br />
search” (Denmark). In most cases, however, publication offices provide only one search interface,<br />
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usually with possibilities to modify the search. One of the reasons is to minimize the costs for the<br />
maintenance of various search interfaces. Several countries mentioned their idea to implement simple<br />
search possibility based on an advanced search engine.<br />
Generally said, the collection of feedback from users is not an uncommon practice amongst<br />
publication offices. Half of the respondents confirmed that they systematically collect feedback<br />
concerning search and user behaviour. In approximately half of the cases publication offices evaluate<br />
the collected data to improve search facilities.<br />
The practices such as applied in the United Kingdom are an example for the collection and use of<br />
user feedback; they constantly work together with users (including detailed user testing, ethnographic<br />
research, eye-tracking etc) to improve all aspects of the services, including search. The United Kingdom<br />
also uses the results collected from logs and analytical tools (e.g. nedstat) to refine the performance of<br />
the search engine. Based on analytical information commonly requested legislation is prioritised in the<br />
results (e.g. Data Protection Act) and common misconceptions are resolved through manual tweaking<br />
of search results.<br />
Another example of good practice comes from Denmark where a survey on user satisfaction<br />
with search facilities maintained. It turned out that most of the users lack simple search possibility<br />
(“Google-like search”). As a consequence Denmark started with the implementation of the Google<br />
search technology. Also in France the analysis of user feedback was one of the main reasons to<br />
develop a new version of its system. Apart from collection of user feedback the French publication<br />
office regularly holds presentations on the Legisfrance system at different places in France. Latvia uses<br />
questionnaire polls or a daily question on the particular search improvement to enhance its services.<br />
Publication offices also provide help to the users, some of them combine various technical solutions.<br />
The share of search-related requests ranges from 20 to 95 %. Some publication offices also use<br />
means of direct communication to inform the users about changes in search facilities and in the legal<br />
information system in general on a regular basis.<br />
4.7 Search engine functionalities:<br />
S07. Do you offer special search related functionalities (please explain how they are implemented<br />
in an additional note or even add some screenshots or links to real applications)?<br />
faceted search<br />
search agents<br />
list of favourite documents / personal collection of documents<br />
history of last documents accessed<br />
personal filter to be applied to a set of queries or search macros<br />
personalized search interface (e.g. customized search mask)<br />
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other (please specify)<br />
S10. Do you provide some solution for a “suggestion approach” (services like “Google Suggest” or<br />
“Yahoo Suggest” that dynamically generate hints below query form based on terms usage frequency)?<br />
If yes, please describe more about principles in “additional notes” section or add some screenshots<br />
or links.<br />
Yes<br />
No<br />
S11. Does your legal information system already start searching while typing the query or does<br />
it wait for a specific submission (e.g. pressing “submit” button or “enter” keypress) after completion a<br />
query?<br />
after submission<br />
S12. Does your legal information system offer a wildcard search (use of wildcard characters such<br />
as “?” instead of certain character or “*” instead of parts of words) within a search query?<br />
Yes, please describe<br />
No, please tell us why<br />
S13. Does your legal information system offer some query language operators?<br />
classical AND/OR/NOT<br />
PHRASE (like “...”)<br />
also NEAR<br />
some other?<br />
no query language possibilities available, please explain why<br />
S14. Do you use ranking methods (e.g. by evaluation of queried terms frequency) when generating<br />
search results? If you use ranking methods please describe their principles in additional note.<br />
Yes, please specify<br />
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No, please explain why<br />
Not yet, but planned<br />
S15. Does your text search take into consideration the context of related documents (such as<br />
documents hyperlinked to the displayed document, documents categorized in the same way as<br />
displayed document e.g. legal branches, etc.)? Please describe this mechanism in additional note and<br />
add screenshots if possible.<br />
Yes<br />
No, please tell why<br />
S16. Does your text search take into consideration user session (previously visited documents,<br />
previous search queries etc.)?<br />
Yes, please describe<br />
No, please explain why<br />
Partially, please describe<br />
S17. Does your text search take into account textual context of terms used in query? (Such as<br />
grouping result by contexts of queries, e.g. query term is “crisis” and produced results are grouped by<br />
“economical crisis”, “financial crisis” ...)<br />
No, please tell us why<br />
Yes, please specify how<br />
Not yet, but planned<br />
S18. Which sorting mechanisms do you use or provide when generating or using list of search<br />
results?<br />
alphabetical by some field<br />
by dates (inforce etc.)<br />
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ascendent/descendent<br />
multiple criteria at once<br />
by rating<br />
other, please specify<br />
S19. What is the content of list of search results (titles, types of documents, abstracts, keyword in<br />
context, dates etc.)?<br />
S20. Do you provide any filtering possibilities upon generated lists of search results? (e.g. iterated<br />
search within search results or filtering by thesauri terms)<br />
Yes, please specify<br />
No, please tell us why<br />
This set of question aims at different technologies and design features for search facilities used in<br />
legal information systems.<br />
From answers concerning the entering of the search query it is obvious that the most widespread<br />
technologies comprise the use of wildcards and query operators that are offered by search engines.<br />
On the contrary, technologies as query suggest, searching while entering, search agents, search filters<br />
and macros and customization of the user interface are widespread amongst general search engines,<br />
but are not always implemented. In some cases the reason can be the concern that the use of query<br />
suggestions could hide important information to the users and therefore is not suitable for official<br />
legal information systems. On the contrary, Germany implemented a suggest approach called “juris<br />
Vorschlagsliste”. It depends on information available within the documents, but not on input from other<br />
users. It is restricted to metadata like keywords, titles, names of laws, reference numbers, sources of<br />
information etc.<br />
The following questions deal with the ranking of search results. Ranking of search results is used<br />
or planned to be used by most publication offices. However, some countries did not implement search<br />
result ranking either because their search engine does not support ranking, they did not consider the<br />
results relevant (Liechtenstein) or consider the use of such techniques inappropriate for official legal<br />
systems because of transparency and cost of implementation (Austria). The relevance of document is<br />
usually based on statistical methods (frequency of hits), in some cases also links to other documents, the<br />
structure of documents (Estonia – higher relevance if the hit is within the name of the document), user<br />
session, context of query terms and results of previous searches are taken into consideration (Bosnia<br />
and Herzegovina – ranking is based on frequency of hits and previous successful searches of users<br />
previewing found documents). Concerning the use of term context the United Kingdom noted that,<br />
based on their findings, users tend to search for legislation by title or name rather than legislation about<br />
a particular subject. Also users’ notions of appropriate terminology for subjects diverge significantly<br />
from the terminology used in legislation.<br />
The last section of questions concentrates on the content of the lists of search results and<br />
options connected with their use. Results show varying content of search result lists, usually containing<br />
the name of the document, the date of promulgation, and whether the document is in force or not.<br />
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Surprisingly, information on the legal value of the document (legally binding version or not) is usually<br />
not included in the content. Some systems allow sorting the results according to predefined parameters<br />
and in some cases to further refine the search by filtering. A clear trend in this area is the implementation<br />
of faceted search, which displays search results which are sorted according to facets created on the<br />
basis of metadata.<br />
4.8 Technologies concerning both indexing and search<br />
S08. Does your legal information system use special techniques of web search indexing concerning<br />
formats and the structure of documents (for example splitting large documents into smaller parts for<br />
clearer search results)?<br />
C06. Is stemming used by indexing and/or search engine during indexing or processing the<br />
query (fishing, fished, fisher --> stem ‘fish’)? If yes please describe the principles.<br />
Yes, stemming used<br />
No, please explain why<br />
Partially stemming (e.g. based on suffixes only and not on dictionary), please describe<br />
C07. Is lemmatisation used by indexing and/or search engine during indexing or processing the<br />
query (vais, vas, va, irai, irais ... --> lemma ‘aller’)? If yes, please describe the principles.<br />
Yes, lemmatisation used<br />
No, please explain why<br />
C08. Does your indexing and/or search engine deal with stop word lists during search indexing<br />
or processing the query? If yes, please describe how.<br />
Yes, stop words used<br />
No, please explain why<br />
Technologies targeted in these questions are related to the search engine indexing and processing<br />
of queries which can substantially influence search results.<br />
Complex internal structures of legal documents led several publication offices to enable splitting<br />
documents into sections (Ireland) or into articles (Italy) to obtain more accurate search results. The<br />
United Kingdom’s new legislation website allows users to browse and address document at any level<br />
of the document structure (eg, whole act, part, chapter, section) and to navigate to that level. The<br />
searching follows the same pattern. There is a special “index” document for each piece of legislation<br />
that is used to optimise search. The default search result for an item of legislation is a table of contents,<br />
from where various selections (versions, comments, extents etc) can be made. In Norwegian statutes<br />
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chapters can be viewed as well as the whole statute/regulation. Bulgaria provides, along with PDF<br />
containing the official journal, access to some of the most important documents (acts/laws/government<br />
decisions, etc.) as separate indexable/searchable objects.<br />
Lemmatisation and stemming are techniques of lexical analysis which lead to a normalised or<br />
root form of a word. The majority of publication offices did not implement those techniques, especially<br />
lemmatisation. The reasons why stemming or lemmatisation are not implemented are problems with<br />
accentuation (Belgium) or the fact that the technology is not supported by the implemented search<br />
engine. The extraction of stop words is not a dominant praxis either. In some cases the implementation<br />
is planned, several countries stated that its implementation is problematic (Slovakia) or can exclude<br />
exact phrase search, which is important for legal information systems (Denmark).<br />
4.9 Alternative means of access to information in legal information systems<br />
S26. Are there any aspects of web site design which are related to search (for example providing<br />
simple access to documents on selected topics, last 10 published, most frequently used or most<br />
frequently searched documents)?<br />
Yes (please specify)<br />
No<br />
C09. What kind of hyperlinks do you create in your legal information system?<br />
links to facsimile of official gazette<br />
links to current consolidated version<br />
links to amending legislative<br />
links to prior/future consolidated versions of a law<br />
links between table of contents and parts of the dokument<br />
reverse links (links to documents that refer to the current document/fragment)<br />
links to relevant administrative regulations<br />
links to relevant cases<br />
links to relevant literature<br />
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links to similar documents<br />
links to underlying EU directives<br />
other (please specify)<br />
C10. What kind of technical linking mechanism do you offer?<br />
manually maintained static links<br />
links generated automatically based on metadata of the source documents<br />
links generated automatically based on metadata of the target documents<br />
links generated automatically based on data outside of both documents<br />
user dependant links (e.g. dependant on user rights, user preferences or prior queries – please give<br />
details)<br />
other (please specify)<br />
C11. What are the appearance and features of links in your legal information system?<br />
links contain title information of target dokument<br />
links contain other information of target document (like specific referenced text)<br />
links are attributed with metadata<br />
links point to the top of the dokument<br />
links point to a specific position within the document<br />
links point to a list of documents from which the user can select a dokument<br />
links consist of a query which can be refined by the user<br />
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other features (please specify in additional note)<br />
C12. How often are links checked and updated?<br />
at runtime<br />
whenever new documents are added to the collections<br />
at least daily<br />
at least weekly<br />
less than weekly<br />
other (please specify)<br />
C13. Do you allow external services (other legal information systems or websites) to deep link<br />
(directly access) documents or pieces of information in your legal information system or you only allow<br />
them to link to homepage of your legal information system?<br />
No, we only allow access to homepage<br />
Yes, we allow deep links<br />
C14. Does your legal information system provide deep links (links pointing to particular documents<br />
or piece of information) to other legal information systems?<br />
Eur-Lex<br />
Other (please specify)<br />
No, please explain why<br />
Not yet, but planned<br />
C15. Do you offer social web technologies in your legal information system (p.ex. own collection<br />
of documents, own tagging of documents, discussion forum etc.)?<br />
User tagging (without sharing)<br />
User tagging with sparing<br />
Other (please describe)<br />
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We plan such features<br />
We don’t plan such features<br />
As mentioned above, search engines or interfaces taking into account controlled vocabularies<br />
are not an exclusive gateway to legal information system. Users can also accede to documents or<br />
information by the following means.<br />
Providing direct access to selected documents is one of these techniques, which is used by the<br />
majority of publication offices. Users are usually provided with references to last published documents.<br />
An alternative path to information is provided by hyperlinks between documents within legal<br />
information systems. As presentation of the German Juris system and the Slovak EPI system revealed,<br />
rich hyperlinks can to large extent substitute search allowing users to navigate comfortably through<br />
the documentary basis and mediate the knowledge on relations between documents. Hyperlinking<br />
is provided by the majority of publication offices, including links to the official journal, amendments,<br />
consolidated versions, between tables of contents and content itself. Twelve countries provide links that<br />
point to specific positions within a document can therefore provide direct access to information. Links<br />
are in most cases generated automatically, in several countries also maintained partially manually.<br />
Maintenance of links is done at least daily, usually when new a document is added.<br />
Sweden informed that for the project of a new legal information system, links between documents<br />
(or other resources, such as parts of documents) are expressed using RDF triples. Each document<br />
has an abstract URI, easily computed from aspects of the document (aspects like publishing agency,<br />
document type, document number and date) which do not necessarily correspond to any particular<br />
URL where the document can be found. As a mean of hyperlink management Slovakia developed a<br />
software called “SUBSTITUATOR”. It parses the original text, searches for potential sources and kinds<br />
of hyperlinks, checks if the target of the hyperlink exists and then creates it. The operator then verifies<br />
the hyperlinks. This technology improves up to 5-10 times the speed of the hyperlink creation.<br />
The majority of publication offices maintain open legal information systems allowing other systems<br />
to directly access documents. An example of good practice is the United Kingdom which developed a<br />
complex URI set for referencing legislative documents, including their versions and format.<br />
External links, if provided, usually target EUR-Lex as the source of information on law of the<br />
European Union s. In several cases link head also to web pages of national parliament.<br />
Social web (particularly technologies that enable sharing, collaboration and facilitate exchange<br />
of information) has also potential to provide direct access to documents or information. However,<br />
because of the official character of legal information systems the use of these technologies is very<br />
limited. If such technologies are used, they mainly focus on the customisation of the system. As an<br />
exception, the United Kingdom noticed that they are looking to move to a participation model for the<br />
development and maintenance of the revised versions of legislation. A pilot project is planned to be<br />
carried out this autumn.<br />
4.10 Metadata<br />
C17. Do you add metadata to the documents in your legal information system?<br />
Yes, please specify<br />
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No, please tell us why<br />
C18. What kind of metadata do you create? Please add or attach the list of metadata elements<br />
and describe the meaning of each element. If you use special metadata for legislation or other legal<br />
documents in your legal information system, please describe them as well.<br />
C19. Do you use a standard metadata set or is your metadata set based on a standard metadata<br />
set (Dublin Core, METS etc)?<br />
Dublin Core (or based on DC)<br />
Other, please specify<br />
No, please describe why<br />
C20. Is your metadata scheme expressed in a formal mark up language such as XML, DTD or<br />
RDF/OWL?<br />
XML<br />
DTD<br />
RDF/OWL<br />
Other, please specify<br />
No, please describe why<br />
The results show that the majority of publication offices create metadata in order to manage documents<br />
contained in their legal information system. The extent of metadata created, however differs significantly in<br />
particular countries. Generally the countries that create metadata provide at least a basic set of legislationrelevant<br />
metadata including date of promulgation, in force/not, name, number, information concerning<br />
amendments and links to other documents. This information is coherent with answers to previous questions,<br />
where the presence of sufficient amount of metadata is a prerequisite for the implementation of a given<br />
technology. Some of the countries create a rich and well structured set of metadata - example of this approach<br />
publication are Denmark, European Union, France, Germany, Macedonia, Sweden and the United Kingdom.<br />
The United Kingdom also noted that being a public sector office they have to comply with requirements of UK<br />
Government’s e-Government metadata standard and additional bibliographic metadata).<br />
The working group was also interested in standards and types of metadata schemes. Despite<br />
considering their usefulness, most of the countries do not use any of the general metadata standards as<br />
a whole . In many cases their use is foreseen, but publication offices discovered that general standards<br />
to large extent do not cover the area of metadata used for legislative documents. Publication offices<br />
decided either to use the possibility to enrich general standards according to their specific requirements<br />
while still being compliant to it or to develop proprietary solutions.<br />
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The metadata scheme, if present, is usually expressed in XML (XML Schema or DTD). The use of<br />
these standards opens space for exchange of information. Some countries, e.g. the European Union,<br />
Sweden and the United Kingdom, do not consider the structure of metadata sufficient and started<br />
to implement metadata schemas based on semantic web technologies. These schemas provide the<br />
possibility to implement a larger variety of information, their aspects and relations.<br />
During the meetings of the working group Publications Office of the European Union presented a<br />
complex project of transformation which also covers the area of metadata and metadata management.<br />
As the Publications Office deals with multilingual and interinstitutional environments, the quality and<br />
well structured metadata are prerequisites for the success of the project. The basis for the whole process<br />
is harmonisation and standardisation of metadata and their organisation in controlled vocabularies<br />
(authority tables) which will serve as source of values for various metadata elements. The aim of<br />
harmonisation is to exclude the use of different terms which express the same or similar concepts<br />
thus leading to a currently inhomogeneous and therefore unsatisfactory situation in the metadata<br />
catalogue; maintaining historical changes at the same time (despite quite complicate management) is<br />
an additional challenge. The Publications Office involves experts from cooperating institutions in the<br />
harmonisation process which leads to a higher quality of results as well as to better acceptance of<br />
created standards.<br />
The metadata registry serves as a tool for processing and managing metadata in the RECORD<br />
project. RECORD is not only a central organisation of harmonised metadata, but also a point for<br />
extraction and dissemination of the stored values. The process of maintenance and updating is mainly<br />
inspired by the international standard ISO 11179.<br />
Metadata are organized with use of semantic methods. Metadata vocabularies are conceived as<br />
ontologies which enable the use of definitions of classes, relations, functions, and other objects and<br />
therefore more complex description. A dedicated standard for bibliographical records is used for the<br />
organisation of metadata: FRBR (Functional Requirements for Bibliographic Records). All metadata<br />
records, ontologies, controlled vocabularies and Eurovoc are in the common metadata repository.<br />
Because of the complex approach, which is based on the best available technologies and at<br />
the same time involves other stakeholders in the process of metadata creation, the approach of the<br />
European Union can be highlighted as one of best practices in this area.<br />
The discussions of the working group concerned the question of economical aspect of the<br />
metadata creation. Metadata creation requires considerable amount of human expert labour (and<br />
costs) and therefore the extent of metadata is limited according to the capabilities of a particular<br />
publication office. As in case of automated indexing, this aspect stresses the issue of development or<br />
implementation of tools for (at least partial) automated metadata extraction or adoption of voluntary<br />
participation schemes for external experts.<br />
4.11 Semantic web technologies<br />
C16. Did you introduce or do you plan to introduce use of semantic web technologies in your<br />
legal information system (RDF, OWL, Topic Maps ...)? – Open question.<br />
Semantic web is an extension of the World Wide Web in which the semantics of information and<br />
services on the web is defined. The package of semantic web technologies ranges from the use of<br />
unique identifiers to the conceptualisation tools, ontologies up to semantic search. These technologies<br />
provide a common framework that allows data to be deeply structured, shared, automatically reused<br />
across application and easily retrieved.<br />
The questionnaire shows that the publication offices start or plan to implement semantic web<br />
technologies in many areas of their legal information systems.<br />
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The European Union implements semantic web technologies in many areas of its transformation<br />
projects. New version of Eurovoc utilizes Web Ontology Language (OWL) for data modelling. It<br />
also utilizes the Simple Knowledge Organization System (SKOS), which will serve to facilitate web<br />
access to Eurovoc. The European Union also implements semantic technologies such as the Resource<br />
Description Framework (RDF), OWL and FRBR for creation of metadata vocabularies, ontologies and<br />
bibliographic records.<br />
The Swedish transformation project uses as an option RDF to describe the structure of documents<br />
(along with XHTML). It also plans to use RDF and OWL to structure metadata. Sweden also implements<br />
the use of URI in connection with hyperlinks.<br />
Slovakia demonstrated the use of Topic Maps as a way to improve information retrieval. In<br />
the future Slovakia plans to largely implement this standard for the description of the content and<br />
terminology of legal documents.<br />
The United Kingdom decided to implement semantic technologies to describe legislation (versions,<br />
relations of documents, time aspects), the navigation within documents and metadata in general. This<br />
project makes use of RDF, FRBR and METALex standards. The United Kingdom also plans to implement<br />
a number of light weight domain specific ontologies as an indexing tool. They plan to extract these<br />
directly from the legislative texts and manage them in a separate knowledge base of legislation (an<br />
RDF store).<br />
As seen above, the applications range from mark up vocabularies for structuring documents<br />
(Sweden), controlled vocabularies and metadata vocabularies (European Union, United Kingdom,<br />
Sweden) or Eurovoc, adopting different approach to indexing tools (United Kingdom), the organisation<br />
of metadata sets (European Union) and semantic search (Slovakia). A key area is the organisation<br />
of metadata. The publication offices already use a large variety of semantic web technologies. The<br />
introduction of semantic technologies is still limited to only few countries.<br />
5. Conclusions<br />
1) The publication offices have to deal with processing legal documents on an industrial level.<br />
This task is further complicated by the sometimes complex internal structure of the documents.<br />
However, the results also showed good (and growing) awareness to the importance of<br />
the description of internal structures of documents by means of mark-up languages and the use<br />
of standardised character encoding thus improving the exchange and reuse of documents.<br />
2) Search interfaces or interfaces to controlled vocabularies are only one of several gateways to<br />
documents in official legal information systems. Hyperlinks are the most important alternative<br />
which to some extent can replace the use of a search interface. The extent of hyperlinking<br />
largely depends on the richness of metadata.<br />
3) With only some exceptions the most frequent tool used in indexing documents is a legacy<br />
index of the official journal. Eurovoc as an advanced indexing tool is implemented (or will<br />
be implemented) in a growing number of countries. Indexing tools in many cases include<br />
synonyms (or non descriptors).<br />
4) Manual indexing is still a prevailing praxis in most of the publication offices using controlled<br />
vocabularies for the improvement of information retrieval. Manual indexing requires a<br />
considerable amount of human expert labour and is therefore considered as an economic<br />
burden and in several cases was reason why indexing tools were not implement or their<br />
use was abandoned. Economical reasons also lead several publication offices to starting<br />
implementation of semi-automatic indexing tools.<br />
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5) The search engine forms an integral part of official legal information systems. A standard<br />
system generally uses either specific interfaces for different kinds of users or allows modifying<br />
search queries by metadata parameters. Responding to user requirements, some of publication<br />
offices provide or implement possibility of simple advanced search, usually based on general<br />
web search engine technology (Google search).<br />
6) Due to the openness of legal information systems a considerable number of users retrieve<br />
documents and information stored in official legal information system information by means of<br />
external search engines.<br />
7) Official legal information systems implement many standard search and web search indexing<br />
techniques. However, technologies like query suggestions, complex ranking of legal documents,<br />
separate indexing of structural parts of document and linguistic methods for the expansion of<br />
queries, some of them generally widespread, are used only by some of them.<br />
8) The possibility of advanced search, faceted search, the quality of ranking of search results, and<br />
hyperlinking in large extent depends on the quality, structure and range of metadata created<br />
during the publishing process. Most of the publication offices at least create a basic set of legal<br />
metadata; the creation of a rich set of metadata is limited only to some of them. The reason<br />
for the difference is that the creation of metadata requires human labour. This fact also raises<br />
the question of automated and implementation of voluntary participation models for external<br />
experts. Metadata vocabularies are in most cases described by means of semantic mark up<br />
(XML) and form a key area for the implementation of semantic web technologies.<br />
9) Despite of being in centre of interest and having the potential to substantially improve<br />
information retrieval and exchange, the implementation of semantic web technologies is still<br />
limited to only few countries. The applications comprise mark up vocabularies for structuring<br />
documents and controlled vocabularies as metadata vocabularies or Eurovoc, the adoption of<br />
different approaches to indexing tools, the organisation of metadata sets and semantic search.<br />
The publication offices use a large variety of semantic web technologies ranging from URI<br />
identifiers to ontologies.<br />
10) The publication offices are well aware of the composition of their users and of the importance<br />
of user feedback. However, information collected is not always used for the improvement of<br />
search facilities of legal information systems.<br />
6. Mission of working group<br />
Based on its mandate, on findings from the questionnaire and on suggestions from publication<br />
offices, the working group will aim its future efforts at the following topics:<br />
1) Metadata<br />
a. standardisation<br />
b. interoperability<br />
c. structuring in relation with collected data<br />
d. essential set of legal metadata<br />
e. creation of metadata<br />
f. automatic creation of metadata<br />
g. ways to integrate authors in the process of metadata creation<br />
2) Search facilities<br />
a. improvement<br />
b. interface definition<br />
c. issue of external search engines<br />
3) Semantic web technologies in relation with information retrieval<br />
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European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
101<br />
Rome 2010<br />
Final Report from the <strong>Working</strong> group<br />
on Access to Legislation<br />
and Financing models<br />
presented.by<br />
Petra Škodlar<br />
Chairman of the working group<br />
General editor<br />
Uradni list Republike Slovenije<br />
(The Official Journal of the Republic of Slovenia), Slovenia
1. Introduction<br />
The working group Access to Official Gazettes and Legislation was founded at the Helsinki-<br />
Tallinn Forum in June 2007. After the first meeting of the group in April 2008 the members decided to<br />
change the name of the group into Access to Official Gazettes and Legislation – Financing models in<br />
order to capture the goals more accurately. The group is paying particular attention to the financing<br />
models for different activities publishers undertake. Through establishing adequate financing models<br />
the publisher can offer better services and thus the user can access quality and correct information in<br />
a more centralized way. To be able to provide such services the group would like to explore different<br />
ways of access to Official Gazettes and Legislation from the publishers’ and also users’ point of view.<br />
2. Terms of reference and membership of the working group<br />
Following the agreement to the formation of the <strong>Working</strong> Group, detailed terms of reference were<br />
proposed to the Extended Chair of the Forum and were agreed as follows:<br />
Goals of the group:<br />
• to chart ways in which legislation can be obtained by the user in countries Members of the<br />
Forum,<br />
• to divide ways of access into different groups (access on paper, electronic access etc.),<br />
• to evaluate ways of access from the users’ and providers’ point of view,<br />
• to discuss options of providing legislation and establish a “user-friendly” way of providing law.<br />
*(Other goals may be added during the work of the group and after the analysis of the<br />
questionnaire, where ideas from all countries will be accepted, is made.)<br />
Group activities:<br />
• a questionnaire will be sent to the countries Members of the Forum,<br />
• the analysis of the questionnaire will be made by the Chairperson and the Secretariat,<br />
• a working group will be formed from representatives of countries Members of the Forum who<br />
will show interest in participating in the working group,<br />
• the working group will hold meetings and report its’ results in interim reports, final results of the<br />
working group will be presented in the final report.<br />
The following individuals attended meetings of the <strong>Working</strong> Group:<br />
Chair: Ms Petra Škodlar (Slovenia)<br />
Secretary: Ms Maria Manuela Cruz (Publications Office)<br />
Members: Mr Albrecht Berger (Publications Office)<br />
Ms Lola Pérez-Herrera (Spain)<br />
Ms Inese Kovalova (Latvia)<br />
Mr Artis Trops (Latvia)<br />
Mr Karl Schiessl (Austria)<br />
Ms Sabine Stadler (Germany)<br />
Mr Markus Tanner (Switzerland)<br />
Mr Liviu Alexandru Moraru (Romania)<br />
Ms Biljana Cvetanovska (FYR of Macedonia)<br />
Mr Andon Stefanovski (FYR of Macedonia)<br />
103
3. Meetings<br />
Two meetings of the <strong>Working</strong> Group have taken place:<br />
– 23rd April 2008 – Brussels,<br />
– 16th June 2008 – Ljubljana.<br />
The group did not meet in the year 2009.<br />
The next meeting is programmed for October 2010.<br />
4. Activities in 2010<br />
The working group resumed its work in the year 2010 when the questionnaire was formulated<br />
and sent out to all the members of the Forum. The results are expected in September and a partial<br />
report on results will be given on the Forum meeting in Rome. The next meeting is programmed to take<br />
place in October 2010, when final conclusions of the working group will be prepared and will be<br />
published on the European forum of Official Gazettes website.<br />
5. Questionnaire<br />
The working group prepared the following questionnaire:<br />
Dear colleague,<br />
“QUESTIONNAIRE<br />
Please find in this file a short questionnaire of the working group “Access to Legislation and Official<br />
Gazettes – Financial Models”.<br />
It is divided in two sections. The first 4 questions are intended for all organizations in charge of the<br />
official journals/gazettes, and the last questions only for those organizations which are not funded by<br />
the State budget.<br />
If you feel you would like to tell us more about the subject of the questionnaire please feel free to give<br />
us any additional information at the end of the questionnaire.<br />
Please return your questionnaire to the email address: petra.skodlar@uradni-list.si, if possible by the<br />
17 th September 2010. Thank you very much for your cooperation.<br />
****<br />
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Country:<br />
Organization:<br />
Part I : addressed to all organisations<br />
1. The organization in charge of the publication of official gazette is:<br />
a) a public body yes no<br />
b) a private company yes no<br />
c) other (please precise): __________________________________ yes no<br />
2. The organization (including all its activities) is financed:<br />
a) from the State budget yes no<br />
b) solely by finances obtained from its economic activities yes no<br />
c) by a combination of State budget and private financing yes no<br />
d) other (please precise):___________________________________ yes no<br />
3. The activity of publishing the official journal/gazette is financed:<br />
a) from the State budget yes no<br />
b) solely by finances obtained from its economic activities yes no<br />
c) by a combination of State budget and private financing yes no<br />
d) other (please precise):___________________________________ yes no<br />
4. Besides publishing the official journal/gazette, is the organization involved in other activities<br />
(i.e. publishing books, public procurement, organization of seminars, etc.)?<br />
Part II : addressed to organisations which are not financed by the State budget<br />
5. Where do funds to produce and publish the official journal/gazette come from (e.g.: monthly<br />
subscription, revenues from publishing, etc.)<br />
6. Which other projects or activities bring in the majority of funds obtained in your company?<br />
7. Would you like to mention any projects or products that are especially profitable to your<br />
company? Please give more information on them.<br />
8. In your opinion, what other profitable activities could be undertaken by official journals/<br />
gazettes?<br />
9. Would you like to add information about the economic model of your company or give us any<br />
other comment?<br />
Thank you very much for your cooperation!”<br />
The group expects to gather answers to the questionnaire in the first half of September 2010.<br />
Partial results will be presented on the annual Forum meeting in Rome at the end of September.<br />
The answers to the questionnaire will give an overview of the economic situation in the countries,<br />
members of the European Forum of Official Gazettes and show interesting activities undertaken by<br />
different public bodies or companies. They will also serve as a future reference for the exchange of good<br />
practices.<br />
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6. Interim conclusions of the working group<br />
The interest of the group is closely connected to practical questions of publishing law and obtaining<br />
funds to continuously improve the quality of this service. The group is aware that there is a distinction<br />
between publishing bodies that are (at least partly) funded by the State budget and those that are not<br />
funded by the State budget. The latter have to find their own ways of financing their activities. The<br />
recent trend of offering everything free of charge to the public makes the situation for non budgetfunded<br />
publishers rather difficult. Therefore, the goal of the group is to explore different activities<br />
and ways to finance them. Until now each member has presented the situation in his/her country<br />
(the abstracts can be found in older reports). No general conclusions have been withdrawn so far<br />
as work was partly discontinued. Also, the group has decided to hold back its activities, especially<br />
the preparation of the questionnaire, since various questionnaires with similar contents were circling<br />
around simultaneously in 2009 and it was possible to obtain some information from them. The group<br />
based some of its work on the publication Access to legislation in Europe, published in 2009 by the<br />
Publications Office.<br />
The general findings and remarks, as well as the subjects the group is interested in, remain:<br />
- the role of the publisher,<br />
- the criteria for publishing free of charge,<br />
- (commercial) products and services vs. funding.<br />
All these subjects have already been discussed in previous reports.<br />
In addition to the above mentioned interests the group is also interested in different possibilities<br />
of financing, as its members mostly come from the countries whose official gazettes/journals are not<br />
funded by the state budget. With the questionnaire that is currently circulating, we hope to obtain<br />
information on different projects countries undertake to improve their economic situation. The exchange<br />
of good practices is of vital importance to us all and we believe that even after our work is concluded,<br />
the countries will continue to exchange information on bilateral or other level.<br />
We would also like to point out a general conclusion that there is no better or worse way of<br />
obtaining funds; there are just different ways. We can see that some publishers are official state<br />
organizations and others are private or public companies. This can be seen as one of the more<br />
important differences in obtaining funds. But what is really important is that all publishers understand<br />
the importance and meaning of the Official Gazette of their country which is the promulgation of<br />
legislation. As such, the Official Gazette has an obligation towards the reader and has to offer correct<br />
and quality information.<br />
106
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
107<br />
Rome 2010<br />
Standardization of Metadata<br />
presented.by<br />
Madeleine Kiss and Marc Küster<br />
Publications Office of the European Union
Standardization of metadata<br />
Madeleine Kiss / Marc Wilhelm Küster<br />
Publications Office<br />
Rome, 24 September 2010<br />
REACH
Target Content and Metadata Layer<br />
Standardized<br />
Codes<br />
Global<br />
Access<br />
Linked Open Data<br />
By Peter Schmitz<br />
Supporting<br />
Architecture<br />
Standardized<br />
Structures
Théodore Chassériau, ca. 1850<br />
http://www.archive.org/stream/shakespearesdram12shak#page/n5/mode/2up<br />
Standardized<br />
Structures<br />
Standardized<br />
FRBR: Group 1 Classes: Work, Expression, Manifestation,<br />
Structures<br />
Item<br />
Attributes such as<br />
Title<br />
Form<br />
Intended audience<br />
Attributes such as<br />
Title<br />
Date<br />
Language<br />
Attributes such as<br />
Physical medium<br />
Publisher<br />
Identifier (ISBN etc.)<br />
Attributes such as<br />
Item identifier<br />
Provenance<br />
Access restrictions
Common Data Model (CDM)<br />
Evolutionary metadata / legislative lifecycle<br />
Currently at the core of PreLex and TransJAI<br />
Standardized<br />
Structures<br />
Standardized<br />
Structures
CDM<br />
C lass 1<br />
C lass already described<br />
Work<br />
O rganisat ion<br />
*<br />
- a dr es se d by<br />
Class1<br />
inherit from<br />
Class2<br />
Legal resource<br />
* - is about<br />
* - is subject of<br />
D irect ory code concept<br />
Eurovoc concept<br />
A gent<br />
- C r e at es<br />
- C ontains<br />
D oc . C olect .<br />
EFTA int ern . agreem .<br />
O t her EFTA doc<br />
D oc of EFTA court<br />
*<br />
Subject<br />
Is r elated<br />
- is about of<br />
C ontains<br />
*<br />
Inst it ut ion<br />
- is subjectf of<br />
Is par t of<br />
*<br />
- C elex ID<br />
- adr esses<br />
- Sector ID<br />
*<br />
- belongs to<br />
R elates C ites Is C ited<br />
- is c re a t e d<br />
- adr esses *<br />
* - C r eates<br />
- is cr eated by<br />
*<br />
C lass 2<br />
christophe .mignot @publications .europa .eu<br />
Date de production : 25 mai 2010<br />
C ase law concept<br />
Work<br />
- For m al Id<br />
- Public date<br />
- Title<br />
- D ate<br />
*<br />
- C om m ent on date<br />
* Is explained Explains<br />
- adr essed by<br />
- Is contained *<br />
Legal R esource<br />
EFTA doc<br />
O t her manif est .<br />
- digital for m at of m anifest<br />
EFTA inf o & comm<br />
A ct of EFTA Surv . A ut h . A ct of EFTA St and C omit<br />
1<br />
- has<br />
- belongs to<br />
1<br />
*<br />
M anif est at ion<br />
- m anifests<br />
- consolidates<br />
Expression<br />
Text ual real .<br />
* - is consolidated by<br />
* C onsolid . Vers .<br />
*<br />
* -C ontains<br />
- m anifested by *<br />
-has<br />
- Title<br />
*<br />
*<br />
- Add . info on title<br />
EFTA pend . court case<br />
Preparat ory act<br />
- ID C O M<br />
Language<br />
* - Is par t of<br />
- Ar ticle nbr<br />
Legal art icle<br />
- im plem ented by *<br />
- r eq ue st ed by<br />
N at . implem . measures<br />
- d e li v e r e d b y<br />
- im plem ents<br />
* - im plem ents<br />
*<br />
-r equests<br />
-defends<br />
- Year of LR<br />
- com m ents *<br />
C olect ion<br />
- C elex nbr<br />
*<br />
- C elex seq nbr<br />
- is inter pr eted by<br />
*<br />
- Type of Legal R esour ce<br />
- D oc ID<br />
* - inter pr ets<br />
C ase Law<br />
- defended by<br />
- O bsolete D oc ID<br />
- Type of Legal R esour ce<br />
- R eper toir e<br />
- D ate of entr y into for ce<br />
- com m ented by<br />
- Type of pr ocedur e<br />
*<br />
*<br />
- Type of entr y into for ce<br />
- consolidates<br />
- N ational judg<br />
C onsolidat ed A ct<br />
- C om m ent on entr y into for ce<br />
- is consolidated by<br />
-affected by<br />
-affects<br />
- R elated jour n . ar ticle<br />
-deliver ed by<br />
- D ate of end of validity<br />
- N br of cited doc<br />
*<br />
- C onsleg couche<br />
- C om m ent on end of validity<br />
- judgem ent num ber<br />
- C onsleg file<br />
*<br />
- D ate of deadline<br />
- C onsleg r ef<br />
*<br />
*<br />
*<br />
* - deliver s A dvocat e gal<br />
- C om m ent on deadline date<br />
- D ate of signatur e<br />
* - is about<br />
- Place of signatur e<br />
*<br />
*<br />
- used or igin . by<br />
* - is subject of<br />
- D ate of vote<br />
Language<br />
-uses or igin - D ate of dispatch<br />
- adr esses<br />
- C om m ent on D ate of D ispatch<br />
O rganizat ion<br />
C ase Law concept<br />
-deliver s<br />
*<br />
- D ate of opinion r equest : D ate<br />
- adr essed by<br />
*<br />
*<br />
Judge<br />
- C om m ent on date of opinion r equest<br />
- In for ce : Boolean<br />
*<br />
- C om m ent of cr eated bodies<br />
- is about<br />
*<br />
- Subject m atter<br />
- is subject of<br />
- O pinion of EESC<br />
D irect ory code concept<br />
*<br />
*<br />
Metadata codes<br />
C O D legisl . act ivit . A C C legisl . act ivit . A C I legisl . act ivit . A VC legisl . act ivit . C N B legisl . act ivit . C N S legisl . act ivit . C O S legisl . act ivit . D EX legisl . act ivit .<br />
IM M legisl . act ivit . IN I legisl . act ivit . SYN legisl . act ivit . N LE legisl . act ivit . A PP legisl . act ivit . C N C legisl . act ivit . PR T legisl . act ivit .<br />
- be lo ng s t o<br />
- contains<br />
*<br />
agent<br />
M anif est . of print publi<br />
*<br />
legislat ive procedure<br />
- u ses<br />
- used by<br />
legislat . preparat ory act<br />
- id com<br />
- involved in<br />
commission legislat . proposal<br />
C ommiss . proposal codif ied regulat ion<br />
*<br />
*<br />
event<br />
- involves *<br />
D igit al object<br />
Legal resource<br />
- fr agm ent identifier<br />
Temporal ent it ies<br />
legal f ragment<br />
- contains<br />
*<br />
EP legislat ive resolut ion<br />
A ct ivit y<br />
*<br />
- is par t of<br />
period<br />
- is located in *<br />
* - contains<br />
St and - alone dossier<br />
*<br />
*<br />
C ount ry<br />
C ourt opinion<br />
Judgement<br />
A gent<br />
C ourt seizure<br />
- is par t of<br />
- is location of *<br />
* - contains<br />
A dminist rat ive unit<br />
- im plem ented by<br />
Third part y proceedings<br />
O pinion A dvocat e gal<br />
A greem . w it h non - M S<br />
C omplement ary legislat ion<br />
C ourt ruling<br />
C ourt O rder<br />
Treat y<br />
- D ate of tr ansposition<br />
Legal resource Secondary legisl .<br />
- C om m ent on date of tr ansposition<br />
- based on<br />
*<br />
- D ate of notification<br />
D ecision<br />
- M isc . info<br />
N on - opp . t o not if . concent r .<br />
- m odifies<br />
*<br />
- deposes<br />
*<br />
C ase law<br />
- is par t of<br />
*<br />
Local aut horit y<br />
- initiated by *<br />
*<br />
Legislat ive act ivit y<br />
* - is par t of<br />
* - contains<br />
Legislat ive dossier<br />
* - based on<br />
Legal resource<br />
D irect ive<br />
Legal resource<br />
region<br />
- deposed by<br />
- initiates<br />
* - is basis of<br />
- adr esses<br />
- basis for<br />
Int ernat . agreem .<br />
A ct of a parlia body cr int rn agreem<br />
Secondary legislat ion<br />
A gremt bet w . M S D ecis . of M S represent . O t hers act s in O J C<br />
*<br />
*<br />
*<br />
*<br />
agent<br />
- adr essed by *<br />
Legislat ive procedure<br />
- title<br />
- year of pr ocedur e<br />
- pr ocedur e nbr<br />
- pr ocedur e type<br />
N on legislat . proc<br />
- title<br />
- year of pr ocedur e<br />
- pr ocedur e nbr<br />
- pr ocedur e type<br />
* -is based on<br />
- m odified by *<br />
Legal resource<br />
B udget<br />
A greem . O t her<br />
A ct of body cr . Int agrem<br />
Person<br />
Legal basis<br />
- Legal basis com m ent<br />
* - basis for<br />
*<br />
R ecommend . of t he ESC S<br />
O t hers act s in O J L<br />
A bC of re - examined proposal<br />
adopt ion com pos by C ouncil<br />
A bC of amended proposal<br />
A oC dec on common pos<br />
A oC opin . on EP amend . on 2 read .<br />
C FSP<br />
D ecl . of Parl . C ounc . & C ommi .<br />
O pinion<br />
Police & judic . coop . in C rim . M at t ers<br />
EC SC D ecision<br />
N on - opp . t o not if . joint vent .<br />
Writ t en Q st<br />
O ral Q st<br />
C ommiss legisl . act ivit .<br />
Q st at Q st t ime<br />
C ouncil<br />
- in it i at e d by<br />
* - initiates<br />
* - initiated by<br />
C ouncil legislat ive act ivit y<br />
*<br />
G uideline EC B<br />
C ommission<br />
-i n it ia t es<br />
A dopt ion of act by com<br />
Part ial adop . by council Formal adop . by council<br />
legal resource<br />
Parliam . quest ion<br />
- D ate of debate<br />
- N br of session<br />
- D ate of r eply<br />
- Type of r eply<br />
- C om m ent on r eply<br />
- Political afiliation<br />
- N ationality of m ep<br />
- Par liam . ter m<br />
*<br />
O JC : O t her O JL : ot her<br />
Legal resource<br />
addendum<br />
A dopt ion by com .<br />
N o adopt . by council<br />
C ouncil agreement<br />
A greem . on council com . pos<br />
O f f icial Journal C series<br />
O f f icial Journal C series : O t her<br />
R ecommend . of t he E . C omm .<br />
Descriptive metadata can be free text | coded<br />
free text<br />
Evaluation under REACH<br />
REACH<br />
coded values<br />
CS (OJ)<br />
< AU>CONS (Eur-Lex)<br />
CSU (General publications)<br />
In this last example<br />
the meta names are different in the various production pillars<br />
different codes are used for the same Institution for various<br />
labels “Council of the European Union” | “Council”<br />
R egulat ion<br />
C ounc . resolut ion<br />
R ules of proc .<br />
parliament Standardized<br />
- initiates *<br />
Structures<br />
- initiated by *<br />
Legislat ive act ivit y<br />
Legislat ive act ivit y<br />
Lack EESC and<br />
ECB legislative<br />
activity<br />
Legislat ive act ivit y<br />
A dopt ion by parliament<br />
Parliament legisl . act ivit y<br />
C ommit t ee of t he regions<br />
- initiates *<br />
- initiated by *<br />
C ot R legilat . act ivit y<br />
C ourt of just ice<br />
- initiates *<br />
- initiated by *<br />
C ourt of just ice legilat . act ivit y<br />
C ourt of Just ice judgment<br />
Legislat ive act ivit y<br />
N o EP opinion at 2nd reading<br />
Legislat ive discussion Transmission of document<br />
10/19 Standardized<br />
Codes
Descriptive metadata – Current situation<br />
The ATTO (Atelier for translation tables in the Office)<br />
is used for two systems (EUR-Lex, EU-Bookshop)<br />
provides translations for a given code<br />
11/19 Standardized<br />
contains only a list of codes without any management feature<br />
Code * English français … LV<br />
OPOCE Office for Official<br />
Publications of the European<br />
Communities<br />
OPEU Publications Office of the<br />
European Union<br />
Office des publications<br />
officielles des<br />
Communautés européennes<br />
Office des publications de<br />
l’Union européenne<br />
OPL Publications Office Office des publications<br />
* Code might be different from acronyms and is unique<br />
Dublin Core metadata element set (1)<br />
DC Element * OP Element Nature Mandatory |<br />
Optional<br />
01 Title Title Free text Mandatory<br />
02 Creator Corporate | Person Coded Mandatory<br />
03 Language Language Coded Mandatory<br />
04 Date Date(s) Formatted Mandatory<br />
05 Type Resource type Coded Mandatory<br />
06 Format Resource format Coded Optional<br />
07 Publisher OP by default Coded N/A<br />
08 Identifier Identifier + URL |<br />
URI<br />
* http://dublincore.org/documents/dces/<br />
Formatted Mandatory<br />
Codes<br />
12/19 Standardized<br />
Codes
Dublin Core metadata element set (2)<br />
13/19 Standardized<br />
DC Element OP element Nature Mandatory<br />
Codes<br />
| Optional<br />
09 Description Abstract | Summary Free text Optional<br />
10 Contributor Corporate + Person Coded Optional<br />
11 Subject Thesaurus |<br />
Classifications<br />
Coded<br />
Mandatory<br />
12 Source Original work Link Optional<br />
13 Relation Links in granularity |<br />
versioning<br />
14 Coverage Country, places,<br />
events<br />
Link<br />
Coded |<br />
formatted<br />
Optional<br />
Optional<br />
15 Rights Copyright Free text | coded Optional<br />
16 Audience Target audience Coded Optional<br />
Common Authority Tables (CAT) – September 2010<br />
PERSONAL AUTHORS EurLex + PreLex<br />
ROLES LC + EurLex + Prelex<br />
PLACES (locations, towns) UN-LOCODE<br />
RESOURCE FORMAT (incl. dimensions) ONIX + IANA<br />
RESOURCE TYPES (categories of resources) Internal sources<br />
TARGET AUDIENCES ONIX<br />
Etc.<br />
14/19 Standardized<br />
Common Authority Tables Source Codes<br />
LANGUAGES (ISO 639/1, 639/2B|T, 639/3) ISO<br />
COUNTRIES (ISO 3166/1-2 and 3, 3166/3) ISO<br />
NTU (incl. NUTS and ISO 3166-2) ISO + UNO + Eurostat<br />
CURRENCIES (ISO 4217) ISO<br />
CORPORATE AUTHORS (the entity primarily<br />
responsible for making the resource)<br />
Various internal sources<br />
stable version in progress to be started
Common Authority Tables (CAT)<br />
Analyse the set of data<br />
Harmonisation<br />
Feed-back to and from the Units<br />
Discussions for the schema<br />
Set up the schema, tests with the set of data, review the<br />
schema, if necessary, after the tests<br />
Documentation<br />
Check the quality | improve the data<br />
IssuesLog<br />
LessonsLearned<br />
Export the data in HTML with the associated documentation<br />
Highlight report<br />
Results of the Common Authority Tables<br />
The results of the work and some figures:<br />
15/19 Standardized<br />
Codes<br />
16/19 Standardized<br />
Languages: more than 5,000 codes have been analysed and<br />
mapped (across 7 systems) and the related labels in 23 official<br />
languages<br />
Countries: more than 2,000 codes have been analysed and mapped<br />
(across 4 systems) and the related labels , for the time being, in 3<br />
languages (German, English, French)<br />
Currencies: more than 600 codes have been analysed and the<br />
related labels , for the time being, in 3 languages (German,<br />
English, French)<br />
Other Authority Tables Personal Authors | Roles | NTU | Places<br />
are now stable, deadline is foreseen for December 2010<br />
Codes
Linked Data<br />
1. Use URIs as names for things<br />
2. Use HTTP URIs so that people can look<br />
up those names.<br />
3. Provide useful information, using<br />
semantic web standards (RDF, SPARQL)<br />
4. Include links to other URIs<br />
Based on Tim Berners-Lee: Linked Data<br />
Open Data<br />
A piece of knowledge is open if<br />
you are free to use, reuse, and<br />
redistribute it subject only, at most,<br />
to the requirement to attribute and<br />
share-alike.<br />
http://www.opendefinition.org/<br />
Linked Open Data<br />
Linked Open Data
Ontology: A formal representation of the<br />
knowledge by a set of concepts within a<br />
domain and the relationships between<br />
those concepts<br />
(Wikipedia)<br />
20/21<br />
Linked Open Data<br />
http://linkeddata.org/<br />
Linked Open Data<br />
Linked Open Data<br />
URIs<br />
RDF<br />
Links<br />
Microformats
Conclusions<br />
Questions ?<br />
Thank you!
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
119<br />
Rome 2010<br />
Legal XML standard for managing<br />
Official Gazette Resources<br />
presented.by<br />
Monica Palmirani<br />
Associated Professor with CIRSFID, University of Bologna<br />
in Computer Science and Law.
1. The Roles of the Official Gazette in the Web 2.0<br />
The new challenge of the Internet Era is to foster all the potentialities of the Web 2.0, to improve<br />
interchanging between different bodies and in the same time to preserve in the long-period the digital<br />
document collections. For the legal resources those issues are dramatically true, and they represent<br />
really critical points into the digitalization process for passing to a paperless era. This approach,<br />
adopted in the long term perspective, supports eGov, eDemocracy and eParticipation development<br />
and it creates the essential pre-requirements for the competing and growth economy.<br />
The OpenGov initiative lunched by president Obama in the January 2009 1 is based on the<br />
assertion to create “an unprecedented level of openness in government” for ensuring “the public<br />
trust and establish a system of transparency, public participation, and collaboration. Openness<br />
will strengthen our democracy and promote efficiency and effectiveness in government.”. The<br />
Australian Government declares the July 2009 its endorsement to promote greater participation in<br />
Australia’s democracy. It is committed “to open government based on a culture of engagement, built<br />
on better access to and use of government held information, and sustained by the innovative use of<br />
technology.”.<br />
In this scenario the Official Gazettes organizations can play a key role adopting a Legal XML<br />
standards for preserving the legality, authenticity and authority over the time of those fundamental<br />
document collections such as law corpora. The Official Gazette body is entitled to safeguard some<br />
pillar principles: permit to all the citizen equal accessibility, guarantee transparency and independency<br />
from proprietary applications, support open access to the legal resources as a fundamental legal value<br />
in a modern democracy, favor the private sector in the usage of the public information (Directive<br />
2003/98/EC) and in this way support interoperability.<br />
An abstract analysis of the fundamental functions of the Official Gazettes of the European and<br />
non-European bodies underlines three main roles independently from the legal system tradition or form<br />
of governance:<br />
• to provide legal validity of the normative acts trough an official publication instruments<br />
mostly empowered at Constitutional level as cognitive source of law;<br />
• to ensure the publicity, authenticity and the cognoscibility of the law ;<br />
• to preserve in long term the legal deposit of those documents.<br />
Recently those institutional roles, endorsed by the democracy establishments, are enriched with<br />
new utilities:<br />
i) to offer free and authoritative access to the law original sources on the web;<br />
ii) to provide consolidated and updated law collections with annotations;<br />
iii) to supply the digital publication of the original text on-line legally binding (e.g. digital authentic<br />
publication);<br />
iv) to give new add-value services (commentary, jurisprudence, legal notes, etc.).<br />
The following figure shows some statistic regarding the European countries (27 member states and<br />
the European Union institutions).<br />
1) http://www.whitehouse.gov/the_press_office/TransparencyandOpenGovernment/, Open Government Directive, December<br />
8, 2009, Memorandum for the Heads of Executive Departments and Agencies. http://www.whitehouse.gov/open/documents/opengovernment-directive<br />
121
Figure 1. Figures elaborated from the “Access to legislation in Europe” 2 , pag. 230.<br />
But other services could arise from the Web 2.0 platform 3 for fighting the overproduction of legal<br />
information, the crisis of the legislation 4 , and the disorientating of the end-users. New tools (e.g. iPad,<br />
smartPhone, etc) permits to envisage the navigation of the content by mobile devices, to use RSS 5 for updating<br />
in real-time the news, to adopt tagging coming from expert people for qualifying and interconnecting the<br />
content, to apply folksonomy techniques for fostering semantic web, to use graphic representation for helping<br />
the citizens, to use social networking techniques for creating jurisprudence and commentary. For opening<br />
the door to these new applications devoted, among the others, to close the gap of the digital divide that still<br />
remains really high 6 and affects the digital democracy, we must use the XML format for the legal documents.<br />
There is in this moment a sceptical attitude to adopt XML for legal and legislative documentation 7 ,<br />
due to some errors made by the enthusiastic beginners and in some way the PDF format returns an<br />
interesting possible option for managing legislative resources in easer way. Nevertheless all the above<br />
mentioned opportunities to implement Web 2.0 functionalities are definitely closed. Even if the PDF<br />
is enriched by metadata (i.g. GLIN project 8 ), in any case we assist to a fracture between the text as<br />
originally delivered and endorsed by the authority, and the computer searching mechanism based on<br />
separate metadata, not aligned to the text. Following this way we lost the possibility to provide open<br />
documents to the citizens, third parties, association of consumers, etc. for building the knowledge<br />
society [18], to apply reasoning tools to the text or semantic ontology for managing the text.<br />
For avoiding those risks and the failures that XML surly hides we need to analyse in deed which<br />
are the characteristics that a Legal XML standard should have for maintaining the great expectations<br />
also in long-term perspective.<br />
2. Legal XML perspective<br />
In the European scenario 17 9 Official Gazettes out 28 are using XML format in some phase of their<br />
2) Access to legislation in Europe, Luxembourg: Publications Office of the European Union, 2009, ISBN 978-92-78-40510-6<br />
3) http://www.gov2summit.com/gov2010/<br />
4) Sartor et. al., Legal Informatics and Management of Legislative <strong>Documents</strong>, 2008, http://www.ictparliament.org/sites/default/files/<br />
WP002_legislativeinformatics.pdf<br />
5) Really Simple Syndication.<br />
Other services<br />
Consolidation<br />
Legislative<br />
Database<br />
Online Access<br />
0 5 10 15 20 25 30<br />
6) Global Information Technology Report 2009–2010, ICT for Sustainability, World Economic Forum, 2010, pag. 97, “Despite the best<br />
efforts of governments and the private sector, the broadband digital divide persists as a significant challenge to inclusive and sustainable<br />
development, especially in emerging economies.”<br />
7) See the World e-Parliament Report 2010.<br />
8) GLIN- Global Legal Information Network http://www.glin.gov/search.action<br />
9) See the Access to legislation in Europe.<br />
122<br />
16<br />
21<br />
22<br />
27
publishing process for favouring interoperability, access, neutrality from the application, preservation<br />
of the document in long term.<br />
The World e-Parliament Report 2010 provides interesting figures on the usage of the XML into the<br />
Parliaments: 34% of parliaments are now using XML, 90% for interoperability, 71% for presentation<br />
on the web, 48% for improving searching and 38% for the preservation in long term.<br />
In this scenario the potentiality of the usage of XML for the Official Gazette purposes are really<br />
tremendous.<br />
Transparency. Often the publication process joins the layers of the content (the law approved<br />
by the empowered body) with the typographic aspects, so the digital document becomes a mix of<br />
different tags, metadata, information that it is difficult to disconnect. This affect the transparency of the<br />
information in front of the citizens and also in relation with the interoperability with other information<br />
systems (search engine, spider, etc.). So the risk is to loose over the time the differences between the<br />
information added by the Official Gazette and the text approved by the assembly. Another risk is<br />
to pass to PDF or opaque standard that doesn’t permit the manipulation of the text and the machine<br />
reading of the knowledge.<br />
Access and Accessibility. The XML document format permits a large broadcasting with<br />
different devices, an inclusive and open communication for<br />
reducing the digital divide 10 , and improving accessibility for<br />
disadvantage people.<br />
Figure 2. From the World<br />
e-Parliament Report 2010<br />
between different institutions involved into the legislative process.<br />
Consolidated text. The XML permits to update in semi-automatic<br />
way the legal text using different methodologies (direct consolidation,<br />
inverse consolidation, side-by-side comparison). The granularity of<br />
those manipulation is not so longer limited to the documentary unit<br />
(article, comma) as it is currently happen in the database approach,<br />
but it is possible to operate on the single fragment of provision.<br />
Graphic representation. The metadata embedded into the<br />
legal XML documents permit to represent the semantic connections<br />
and relationships with graphic tools. This approach permit a more<br />
usability of the legislative document collection.<br />
Multicanality. The separation between content<br />
representation and the typographic layer permits to reshape<br />
the layout for different media: Internet, mobile, tv, kiosks, paper.<br />
New way to search. With XML it is possible to increase<br />
the potentialities and the accuracy of the searching. applying<br />
the indexing techniques and in the same time fostering the<br />
structure of the text. It is extremely useful to adopt ontologies,<br />
folksonomy, and tagging of the content (see de.li.cious) for<br />
filling the gap between the legal experts and citizens.<br />
Interoperability. The XML inside of the Official Gazette<br />
permits to set up an effective<br />
policy of interoperability<br />
between different information<br />
systems (legacy systems) and<br />
10) 23,9% of Broadband penetration into the 27 European States, February 2010, EuroStat; 65% of Level of Internet Access, January<br />
2010.<br />
123<br />
Figure 3. Magna Glossa<br />
of Accursio.
Preservation in long term. The Magna Glossa of Accursio 11 is a dramatic example of<br />
preservation in long term of the law. It was ended about in 1228, it represents the main Corpus Iuris<br />
Civilis of Justinian I, and the annotation was positioned around of the main original text (in the center).<br />
This example underlines the opportunity to have a format document able to preserve clearly separated<br />
the content, the metadata, the structure to the presentation elements (miniatura). After hundreds of years<br />
this document preserves his integrity under semantic point of view. Are we able to do the same with<br />
our legal digital document? There is the serous risk to archive digital documents in a format not open,<br />
not independent from the application layer, with a not clean separation between the metadata (glossa)<br />
and the original text.<br />
Self-containable. If the goal is to represent the legislative or legal document in autonomous way,<br />
independent to any type of database, application or indexer, we need to maintain all the main metadata<br />
inside of the document. In other words it is recommendable to not fragment the semantic schema of the<br />
document information into several separate files, on the contrary it is strongly suggested to preserve the<br />
unitarily of the document on the net. This approach will encourage the growth of new services.<br />
Technological Neutrality and Independency. A open XML standard permits to maintain<br />
the document collection independent from the technical platforms and application trends. This is a<br />
assurance to be able in the future to manage the paternity of the information, without any intermediary<br />
layer in the middle. Some legislative repository scatter the legal documents into the database fields and<br />
they present them with on-the-fly rendering. If this is approach is really amazing under the technological<br />
point of view,<br />
Reuse. Due to the fact that XML is an evident interchange format of data, the legislative collection<br />
marked-up and annotated becomes a truly legal heritage available for any kind of reuse The Directive<br />
2003/98/EC opens an opportunity to reshape the relationship between public and private sector<br />
concerning of public data. The Official Gazette could exploit those precious capital 12 for improving a<br />
better transparency in front of the citizen and in the meantime for supporting the economy growth of<br />
new services in the legal documentation 13 .<br />
3. Legal resources: a complex multilayered information architecture<br />
Not all the Legal XML standards [16] are enough expressive for coping with these aims. Legal<br />
XML standards of the new generation implements some architectural design principles able to support<br />
these processes in the respect of the lawful values, for guarding the legal guarantees of the future<br />
generations. Akoma Ntoso, but also Metalex CEN that is a more abstract interchange standard based<br />
on the same principles, are best practice examples how it is possible to have an interdisciplinary<br />
approach and preserving technology and legal values over the time. This is possible due to the strong<br />
descriptiveness of the standard, to the robust separation between content, metadata and presentation<br />
levels and finally because those standards uses the FRBR 14 ([6], [7]) document ontology for naming the<br />
legal resources on the web with persistent link.<br />
In particular it is really important to represent each legal resource has a complex multilayered [17]<br />
information architecture that includes several perspectives of analysis:<br />
TexT. The aspect of the document officially approved by a legally competent authority.<br />
11) The Magna Glossa of the Corpus Iuris Civilis was started by Azzone and ended in 1228 by Accursio. Now it is archived in the<br />
Collegio of Spagna in Bologna.<br />
12) “The value of the EU PSI market is estimated at €27 billion,2 which is four times the EU market for mobile roaming services.”,<br />
COM(2009) 212 final.<br />
13) Re-use of Public Sector Information– Review of Directive 2003/98/EC, Brussels, 7.5.2009, COM(2009) 212 final.<br />
14) http://www.ifla.org/en/publications/functional-requirements-for-bibliographic-records<br />
124
TexT’s sTrucTure. The aspect of the document that describes the way the text is organized.<br />
MeTadaTa. Any additional information that was not deliberated by the legally competent authority.<br />
Metadata can describe the document itself (e.g., by way of keywords), its workflow (e.g., procedural<br />
steps in the bill), its lifecycle (the document’s history), or its identification (e.g., by way of a URL, URI,<br />
or URN, or by specifying an annex).<br />
OnTOlOgy. Any information specifying the legal or institutional setting in which the document<br />
plays a role—e.g., information identifying the document as a judgment or opinion about the legal<br />
system’s concepts—or any concept which is invoked in the text and which needs modelling. LKIF-core<br />
ontology is a good example of legal ontology modelled following this principle [10], [11].<br />
legal rules. The legal interpretation and modelling of the text’s meaning. The transformation of<br />
the norms in logic rules for permitting legal reasoning. The LKIF-Rule is a good standard for modelling<br />
norms with formal and logic rules [14], [19].<br />
4 .Legal Ontology<br />
3. Legal Metadata -<br />
2. Structure<br />
1. text<br />
5. Legal Rules<br />
Figure 3. Layers of representation in Legal Document Modelling<br />
For example Akoma Ntoso implements the first three levels of this cake and provides hooks and<br />
mechanisms for referring to external ontologies and to legal knowledge modeling. CEN Metalex<br />
provides general mechanisms for coping with all the levels, and includes a document ontology able<br />
to manage the events, the rules, the authors, and other more fine grained legal knowledge models.<br />
Fundamental part of this multilayer architecture is the IRI reference based naming convention that<br />
functions as the interface between levels.<br />
4. Legal XML standard characteristics<br />
What characteristics should the Legal XML standard have to face for voiding the future risks and<br />
in meantime to get the opportunities of the semantic web?<br />
We can group the characteristics in two classes: functional and technological requirements.<br />
Functional requirements are following listed.<br />
125
legal and legislaTive OrienTaTiOn: Legal XML standard provides a representation of the main<br />
structures of legal documents using a principled approach that provides the best combination of<br />
technological excellence and sophisticated juridical competency. The XML in this context has to<br />
capture the relevant legal metadata of the single act (law, decree, etc.), and the metadata of the whole<br />
publication work per se. The legislative documents express and embed cultural values, legal principles,<br />
sovereignty of a territory, intellectual job of the political management class, historical traditions. For<br />
these reasons we have the responsibility to represent in the best way all these knowledge for preserving<br />
the legal values for the next generation (e.g. as Accursio made in XIII centaury).<br />
descripTiveness: Legal XML standard preserves the original descriptiveness of the document and<br />
avoids an excessive generalization of the elements. Those helps the back-office markup phase to<br />
recognize the correct application of the tags, and helps also the external application of the document<br />
because it is auto explicative. The tag vocabulary guides the users to understand the meaning (e.g.<br />
article tag obviously represents the basic normative unit, block tag it is too general and ambiguous).<br />
prescripTiveness: Legal XML standard implements rules and constraints directly drawn from the<br />
legal domain that can be used to increase the quality of the legal information available (e.g., support<br />
for the local legal drafting rules). The rules embedded into the XML-schema lead the quality and<br />
provide a compulsory grid to the authors, editors, documentalists for obtaining an harmonization of<br />
the quality over the time.<br />
self-cOnTainMenT: Legal XML standard provides a place within the document for all information needed<br />
to access, use and understand the content and the metadata of the document itself. This means that external<br />
resources (such as ontological specifications and traditional databases) become useful shortcuts, and not<br />
fundamental mechanisms for traditional and innovative uses of the documents. This is fundamental for their<br />
long-term preservation, since this makes document collections independent of the architectural choices and<br />
technological evolutions that may be found in different installations or become available in time.<br />
sTrucTure MOdelling: Legal XML standard fully describes the original structure of the document<br />
when expressed into XML. The correct attention is given to the textual content and to the metadata<br />
associated to it for respecting the author subdivision of the document. The “cover-page” of the Official<br />
Gazette is no so longer a subsidiary part, it is the expression of a procedural step, and represents a<br />
precise lawmaking regulation provision.<br />
sTrOng separaTiOn Of levels: Legal XML standard strongly separates all the layers of the semantic<br />
web: content, structure, metadata, ontology, rules.<br />
sTrOng naMing pOlicy: Legal XML standard adopts at all levels a syntax based on URI that can be<br />
used to precisely refer to the concept being sought. This allows the correct and specific support for a<br />
large class of references, including static legal references, dynamic legal references, data-level object<br />
inclusion, ontological references, etc.<br />
sTrOng TeMpOral MOdel: Legal XML standard correctly represents the temporal model underlying<br />
the concept of dynamicity over the time of the legal documents. Based on the naming policy, it allows<br />
to represent versions, variants, documents containing a plurality of versions, as well as static and<br />
dynamic references.<br />
sTrOng wOrkflOw MOdel: Legal XML standard includes a mechanism for expressing workflow<br />
events connected also with a strong ontology of the context.<br />
inTerchange dOcuMenT fOrMaT: Legal XML standard provides an interchange data format from<br />
one standard to another, as well as between legacy systems, applications layers, and different data<br />
formats. It is both an interchange standard and interoperability standard.<br />
hOMOgeneOus publishing fOrMaT: Legal XML standard provides an open document infrastructure<br />
for the publishing of heterogeneous collections of legal resources, independently of the type of the<br />
legal document, of the legal system, of the jurisdiction.<br />
126
Technical requirements are following listed.<br />
neuTral and Open dOcuMenT fOrMaT: Legal XML standard provides a homogeneous infrastructure<br />
for representing the structure of heterogeneous legal resources. The standard should be public, open,<br />
well documented and distributed into the community. A close and proprietary XML standard doesn’t<br />
help the Open Gov Initiative, even if the data format is really fashion.<br />
reliance On exisTing sTandards: Legal XML standard completely and correctly makes use of and<br />
is based on web standards: XML, URIs, XML Schema, XML Namespace, RDF, OWL, etc.<br />
MeTadaTa MOdelling: Legal XML standard associates documents with a rich set of metadata<br />
elements, designed for providing not just the values, but the semantics associated to them, providing a<br />
principled framework for the reasoning and the comparison of abstract and concrete concepts about<br />
the documents and their content [5].<br />
MiniMal required MeTadaTa seT fOrMaT fOr queries: Legal XML standard guarantees a minimal<br />
metadata set for the interoperability of queries within heterogeneous collections of legal documents<br />
expressed in different local and national standards. It increases the interoperability between different<br />
document databases. Activities such as N-Lex or Eur-Lex could take advantage of those requirement<br />
in order to manage all legal sources coming from different countries with the same data software<br />
architecture and tools without the need to have the actual data format converge into a single one [9].<br />
paTTern design OrienTed: Legal XML standard is designed with attention to respect classes of<br />
patterns [4]. In other words we define classes of tags with properties in line with a cert content<br />
model, which identifies the structure allowed within the element. Most of the elements in the Akoma<br />
Ntoso standard have very similar structural descriptions. These structural descriptions (the patterns)<br />
are seven and any other tags in the schema belong to them. The advantages of this approach is the<br />
modularization of the schema, the flexibility respect the extensions, the consistency of behaviours for<br />
each class of elements. Especially this last feature favour the tool developing.<br />
5. State of the Art of the Legal XML<br />
Several legal information systems in the last twenty years aimed to manage the changes into the<br />
legal corpora with the technologies like database, SGML and HTML first, and XML, OWL after, with<br />
the goal to provide updated versions of the law in any time (so called point-in-time mechanism).<br />
EnAct [1], [2], written by Timothy Arnold-Moore for the government of Tasmania, was the first<br />
system in 1995 producing the point-in-time 15 legislative database in SGML. In 1992, the LII (Legal<br />
Information Institute) of Cornell Law School, launched by Peter Martin and Tom Bruce [12], has<br />
been provided on the web (HTML) the consolidated United States Code 16 . AustLII, Australasian Legal<br />
Information Institute, co-funded by Graham Greenleaf in 1995, makes today accessible on the web<br />
more of 400 legal database using HTML [15]. Eur-Lex began to consolidate database of European<br />
Legislation in 1999 using Formex, an SGML data standard now translated in XML (Formex v4) 17 .<br />
Norway activates on 1st January 2001 a web service by Lovdata 18 and provide consolidated legislation<br />
[8]. France transformed in 2002 the commercial service Jurifrance into a public web portal called<br />
Legifrance 19 , including consolidated text in mixed format (HTML, XML, PDF). Austria with eLaw project<br />
(2004) transformed its previous database RIS (1983) into a web collection of authentic documents,<br />
15) Point-in-time is the function that permits to manage all the versions of the document over the time and not only the original document<br />
and the last version.<br />
16) http://www.law.cornell.edu/uscode/<br />
17) http://formex.publications.europa.eu/index.html<br />
18) http://www.lovdata.no/info/lawdata.html<br />
19) http://www.legifrance.gouv.fr/<br />
127
dematerializing completely the legal Official Gazette publication The Emilia-Romagna Region (Italy)<br />
started the consolidation of regulations in 2003 using the NormeInRete XML schema 20 , and the Italian<br />
High Court of Cassation started the same mark-up in 2005 and now it is approaching to consolidate<br />
the set of document. Senate of Italy started recently some experimental XML markup on the bill for<br />
producing the side-by-side comparison text for underlining the differences between two versions (mostly<br />
coming from other institutions) [3]. Senate of Brazil from June 30th, 2009 launched the parliamentary<br />
consolidated database (LexMLBrazil 21 ) with the point-in-time function based on a customisation of XML<br />
Akoma Ntoso schema. The Library of Congress of Chile 22 provides the actualized legislation using the<br />
national XML schema for legal resources, and from the 2009 offers, by the LeyChile service, all the<br />
versions over the time of the legal documents starting from the 1998. Finally the Kenya Law Report 23 is<br />
now converting their database of laws in XML documents marked-up in Akoma Ntoso standard [22],<br />
[21].<br />
6. Legal XML Standard Generations<br />
The state of the art of the last ten years produced plenty of Legal XML standards for describing<br />
the document as legal resource. Before to introduce the basic elements of Akoma Ntoso we want to<br />
provide a categorisation of the existing standards on the base of their main characteristics, especially<br />
respect the multi-layer subdivision above presented we can identify four categories:<br />
• the first generation of Legal document XML standard 24 , was oriented mostly to describe the legal<br />
text and its structure with an approach near to the database entities or the typography-word<br />
processing paradigms;<br />
• the second generation posed more attention to the document modelling and to the<br />
description of text, structure and metadata 25 . Nevertheless the descriptiveness of the<br />
elements was not preceded by an abstract analysis of the classes of data and the result<br />
is a very long list of tags, a complex inclusions of DTDs or XML-schema, with a frequent<br />
overlapping between metadata and text definition and a weak instruments for linking the<br />
text to any other layers;<br />
• the third generation is based on pattern. The pattern defines the properties of the class and its<br />
grammar, content model, behaviour and hierarchy respect the other classes, so any additional<br />
tag belongs to an existing abstract class and in this way it is preserved the consistency over<br />
the time. A strong attention to divide the text, structure, metadata and ontology is a primary<br />
principle in order to track in robust way any new layer put on the top of the pure text. Because<br />
the pattern defines general rules that no longer impose real constraints in the mark-up action,<br />
so the clarity of design scarifies the prescriptiveness. Akoma Ntoso and CEN/Metalex are<br />
examples of this approach;<br />
• the four generation uses the pattern jointly with co-constraint grammar like, among the others, RELEX<br />
NG, Schematron, DSD, etc. for resolving above mentioned problem of lack of prescriptiveness.<br />
Akoma Ntoso belongs to the third generation and it is a good candidate for becoming a four<br />
generation Legal XML standard.<br />
20) http://demetra.regione.emilia-romagna.it/<br />
21) http://projeto.lexml.gov.br/documentacao/resumo-em-ingles<br />
22) http://www.leychile.cl/Consulta<br />
23) http://www.kenyalaw.org/update/index.php<br />
24) Like EnAct or Formex.<br />
25) As NiR or Lexdania.<br />
128
7. Legal Document Values over the time<br />
One of the pillars of Akoma Ntoso, and of the other standard of the same generation, consists in<br />
preserving as much as possible the legal document’s ontological values. In other words, Akoma Ntoso<br />
ensures that the legal document will be preserved exactly as the author has represented, modeled,<br />
and conceived it, independently of the XML technique used. For this reason XML is used by Akoma<br />
Ntoso according to a document-oriented approach rather than to a data-oriented approach. The tags<br />
are entered into the document for the purpose of modeling its semantics rather than to break up the<br />
document into several fields in the database. The following picture shows the risks of this fragmentation,<br />
too much dependent to the applicative layer.<br />
Figure 4. Legal Document fragmentation<br />
The document-oriented approach makes possible to preserve the document as the author produced<br />
it: the logic of the database does not transform the content or the order of the elements; the document<br />
is thus application-independent, and it ensures more transparency and persistency over time.<br />
Figure 5. Document-oriented approach<br />
129
If the document has several annexes or a particular structure, Akoma Ntoso does not force it<br />
into the standard but makes it flexible, so as to represent the author’s intentions. This is essential in<br />
making sure that the document’s contents preserve their legal validity over time, accurately reflecting<br />
what the competent issuing body originally intended with respect to such contents. For this reason the<br />
roles the different actors play in the document-management process are kept clearly distinct, as are the<br />
metadata coming from workflow processes.<br />
8. Conclusions<br />
The Official Gazettes have a fully possibility to shape a new Web 2.0 era of the legal information<br />
and they have also the responsibility to preserve the authenticity, the legality and the authoritativeness<br />
of the legal corpora for the future. A clear and neat Legal XML standard is a good investment for<br />
preserving the legal heritage in long-term and to assure to the community transparency, cooperation<br />
and participation. The investment costs for implementing this approach are relevant, but as in the in the<br />
Middle Ages the manuscripts made the differences for entering into the modern era (also economically),<br />
so also these kind of chooses could influence the quality of legal information for the next generations.<br />
9. References<br />
[1] Arnold-Moore T., Jane C.: Connected to the Law: Tasmanian Legislation Using EnAct. Journal<br />
of Information, Law and Technology 2000(1).<br />
[2] Arnold-Moore T.: Automatically Processing Amendments to Legislation. ICAIL 1995, pp. 297-<br />
306, 1995.<br />
[3] Bacci L., Spinosa P., Marchetti C., Battistoni R.: Automatic mark-up of legislative documents<br />
and its application to parallel text generation, in Proc. of LOAIT Workshop, pp. 45-54, 2009.<br />
[4] Barabucci G., Cervone L., Di Iorio A., Palmirani M., Peroni S., Vitali F.: Managing semantics<br />
in XML vocabularies: an experience in the legal and legislative domain, Balisage 2010 (under<br />
publication).<br />
[5] Barabucci G., Cervone L., Di Iorio A., Palmirani M., Peroni S., Vitali F.: Managing semantics<br />
in XML vocabularies: an experience in the legal and legislative domain, in Proceedings of<br />
Balisage: The Markup Conference 2010. Balisage Series on Markup Technologies, vol. 5,<br />
2010.<br />
[6] Bekiari, C., Doerr, M. and Le Boeuf, P. International <strong>Working</strong> Group on FRBR and CIDOC<br />
CRM Harmonization. 2008. FRBR object-oriented definition and mapping to FRBRER (v. 0.9<br />
draft).<br />
[7] Bekiari, C., Doerr, M. and Le Boeuf, P.: International <strong>Working</strong> Group<br />
on FRBR and CIDOC CRM Harmonization. 2008. FRBR object-oriented<br />
definition and mapping to FRBRER (v. 0.9 draft). Accessed 20 August 2009<br />
http://cidoc.ics.forth.gr/docs/frbr_oo /frbr_docs/FRBR_oo_V0.9.pdf.<br />
[8] Bing J., The Policies of Legal Information Services: a Perspective of Three Decades, Yulex<br />
2003, ISBN 82-7226-077-8, pp. 35-57, 2003.<br />
[9] Boer A., Radboud W., Vitali F.: MetaLex XML and the Legal Knowledge Interchange Format,<br />
in Computable Models of the Law, Springer, 2008.<br />
130
[10] Breuker J., Boer A., Hoekstra R., Van Den Berg C.: Developing Content for LKIF: Ontologies<br />
and Framework for Legal Reasoning, in Legal Knowledge and Information Systems, JURIX<br />
2006, pp.41-50, ISO Press, Amsterdam, 2006.<br />
[11] Breuker J., Casanovas P., Klein M. C. A., Francesconi .E.: Law, Ontologies and the Semantic<br />
Web - Channelling the Legal Information Flood IOS Press 2009.<br />
[12] Bruce T., Martin P. W.: The Legal Information Institute: What Is It and Why Is It?, Cornell Law<br />
Forum 2-6, 1994.<br />
[13] Di Iorio A., Schirinzi M., Vitali F., Marchetti C.: A Natural and Multi-layered Approach to<br />
Detect Changes in Tree-Based Textual <strong>Documents</strong>. ICEIS 2009, pp. 90-101, 2009.<br />
[14] Gordon Thomas F.: Constructing Legal Arguments with Rules in the Legal Knowledge<br />
Interchange Format (LKIF). Computable Models of the Law, Languages, Dialogues, Games,<br />
Ontologies 2008, pagg. 162-184.<br />
[15] Greenleaf G: Jon Bing and the History of Computerised Legal Research – Some Missing<br />
Links’ in Olav Torvund and Lee Bygrave (Eds) Et tilbakeblikk på fremtiden (“Looking back at<br />
the future”) pp. 61-75, Institutt for Rettsinformatikk, Oslo, 2004.<br />
[16] Lupo C., Vitali F., Francesconi E., Palmirani M., Winkels R., de Maat E., Boer A., and<br />
Mascellani P: General xml format(s) for legal sources - Estrella European Project IST-2004-<br />
027655. Deliverable 3.1, Faculty of Law, University of Amsterdam, Amsterdam, The<br />
Netherlands, 2007.<br />
[17] Palmirani M., Contissa G., Rubino R.: Fill the Gap in the Legal Knowledge Modelling.<br />
RuleML 2009: 305-314.<br />
[18] Rifkin J., The Age of Access. Penguin Putnam, New York, 2000.<br />
[19] Sartor G., Legal Reasoning: A Cognitive Approach to the Law. Vol. 5. Treatise on Legal<br />
Philosophy and General Jurisprudence. Berlin: Springer, 2005.<br />
[20] Vitali F., Akoma Ntoso Release Notes. [http://www.akomantoso.org]. Accessed 20 August<br />
2009.<br />
[21] Vitali F., Zeni, F., Towards a Country-Independent Data Format: The AkomaNtoso Experience.<br />
Proceedings of the V Legislative XML Workshop, 67–86. European Press Academic<br />
Publishing,2007.<br />
131
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
133<br />
Rome 2010<br />
Presentation of new<br />
<strong>Working</strong> group proposals<br />
1. “Sharing experiences and best practices in the dissemination<br />
of information to citizens”<br />
2. “Provision of information about economic issues”<br />
presented.by<br />
Karl Schiessl<br />
Director of Wiener Zeitung, Austria
European Forum of Official Gazettes<br />
Karl Schiessl<br />
CEO Wiener Zeitung<br />
Vienna, Austria<br />
24 th September 2010<br />
Rome, Italy<br />
Proposal for working group 1<br />
7 th meeting<br />
Good to know.<br />
Sharing experiences and best practice in the<br />
dissemination of information to citizens<br />
Which information is requested by the citizens?<br />
Latest news (politics, sports results, stock prices, .…)<br />
Programs, schedules (cinema, travel information, ....)<br />
Guidelines (administration, route planner, ….)<br />
Help for their daily life<br />
Good to know.
Proposal for working group 1<br />
Sharing experiences and best practice in the<br />
dissemination of information to citizens<br />
Which information is provided by official gazettes?<br />
Legal information<br />
Information about activities of the public administration<br />
Provable and definite legal text<br />
Good to know.<br />
Proposal for working group 1<br />
Sharing experiences and best practice in the dissemination of information to citizens<br />
Challenge<br />
Create information which enables an average citizen to manage his<br />
everyday life<br />
business matters<br />
interactions with the public administration<br />
by himself without the help of external experts and advisors.<br />
Good to know.
Project plan:<br />
Stage 1 Introduction of the issue with the help of concrete examples in<br />
Europe, e.g. the Austrian HELP/USP: Efficient dissemination of<br />
actual information to citizens via internet.<br />
Project plan:<br />
Good to know.<br />
Stage 2 Ascertainment of similar information systems by questionary<br />
(Provider – official or private? Charged or free – financial model?<br />
Multilingual? Up-to-dateness? etc.)<br />
Stage 3 Shared network of administration guidelines for EU-citizens<br />
(in case of …..)<br />
Good to know.
Proposal for working group 2<br />
Provision of information about economic issues<br />
The current financial crisis disclosed:<br />
Transparency is necessary for well-functioning markets<br />
but<br />
Transparency is not created by the markets<br />
Average citizens were used to do most of their everyday business in<br />
well-known environments by using their mother tongue: rent houses,<br />
buy cars, use transportation, perform their jobs etc.<br />
Proposal for working group 2<br />
Good to know.<br />
Provision of information about economic issues<br />
National borderlines are more and more vanishing - more transparency and<br />
information is required, about:<br />
firms and companies<br />
financial products<br />
public subsidies<br />
call for tenders/ e-tendering<br />
etc.<br />
In many countries official gazettes handle such data.<br />
Therefore OG are predestined to extend this kind of information<br />
about economic issues.<br />
Good to know.
Project plan:<br />
Stage 1 Introduction of the issue by demonstrating concrete examples in<br />
Europe (Unternehmensregister/Business Register (D);<br />
Firmenmonitor/Business Monitor (A), …..)<br />
Stage 2 Ascertainment of similar information systems by questionary<br />
(Provider – official or private? Charged or free – financial model?<br />
Multilingual? Up-to-dateness? etc.)<br />
Stage 3 - Directory of information-providers on economic issues<br />
- Proposal for a classification system of securities and papers<br />
Good to know.
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
139<br />
Rome 2010<br />
Presentation of new<br />
<strong>Working</strong> group proposals<br />
3. “Sustainable development”<br />
presented.by<br />
Didier François<br />
Deputy Director of Direction de l’information<br />
légale et administrative, France
Sustainable development<br />
The new body called the DILA has been in operation for a number of months, and we are now in<br />
a position to define the scope of Sustainable Development (SD) within our activities; the definition of<br />
sustainable development covers a greater sector than environmental protection on its own – it also has<br />
social and economic implications.<br />
In launching the working group for the next meeting in September, I now propose to deliver<br />
a report on the status of current thinking (it would seem that we cannot…not put the question) and<br />
any initiatives planned within the DILA; we will then broaden the scope of our work to cover the<br />
implementation of concrete SD initiatives that all of us are able to conduct; each country involved will<br />
have a member of staff to drive the process forward.<br />
I will now give a summary of the various possible approaches from the French point of view:<br />
In creating the DILA, it was partly the intention of the French Government to rationalise State<br />
services production and print requirements (hard copy and digital).<br />
The State itself needs to implement the procedures that it intends to promote to other players,<br />
be they public (regional communities, public establishments and enterprises) or private (businesses,<br />
associations or individuals).<br />
Therefore, the State needs to set an example in terms of sustainable development by incorporating<br />
it not only into public policy, but also into its daily operations.<br />
Transversal management and areas of application<br />
The implementation of an approach based on sustainable development within an organisation<br />
(community or business) is a complex voluntary process, and involves all areas of the business.<br />
Isolated initiatives are not an option. If insufficient thought has been put into developing the<br />
approach, there is a risk of generating unwanted adverse effects – in terms of both ecology and the<br />
economy.<br />
The biggest risk is that the “sustainable development” label might be used to apply policies or<br />
justify acts that have only a distant relationship with the actual concept of sustainable development<br />
itself. To take a superficial example, eschewing “material” values still doesn’t dispense with paper<br />
consumption or intrinsically improve the quality of products in environmental terms.<br />
We need to implement a true transversal management programme, with contact points in major<br />
areas of the business, and involving all stakeholders in a sustainable economic model.<br />
We also need to identify and locate these stakeholders.<br />
*****<br />
141
Concrete areas of application<br />
specifically concerned in the implementation of a sustainable development programme:<br />
Communication<br />
Communications need to “demystify” sustainable development. This involves promoting the<br />
concrete benefits of the programme, giving an honest appraisal of the situation, identifying initiatives<br />
and, above all, providing “user guides”. This also means avoiding a number of stumbling blocks<br />
(strong principles and good intentions) and remaining as concrete as possible.<br />
Sustainable development is a concept that can be identified from a number of perspectives:<br />
applications range from the law, through high technology and right up to governance.<br />
Print<br />
Print is a major concern in terms of this issue. In fact, the production and printing of papers and<br />
reports… mainly uses products that represent a major risk in terms of land, water and air pollution.<br />
Specific responses are required for such sources of pollution, and special attention is also required<br />
throughout print processes in this respect.<br />
As printers or people issuing orders to printers, we are confronted on a daily basis with the<br />
problem of disposing of lots of different types of waste, which need to be processed to prevent any<br />
impact on the environment.<br />
Throughout the graphics process in any big or small company, the use of dangerous chemical<br />
substances involves the production of dangerous waste. This type of waste needs to follow the<br />
appropriate regulation chain of elimination, covering final collection and final elimination.<br />
Each entity producing or storing waste is responsible for the elimination thereof. It must have<br />
a rational waste management system and apply serious thought to the following solutions: waste<br />
reduction at source, sorting, storage, collection and transport, valuation, and, finally, traceability.<br />
Imprim’Vert [“Green Print”]: an innovative approach taken up by the DILA<br />
This approach is practical and voluntary, so there is hope for success. Business partners are<br />
pushing more and more for printers to adopt this same approach. Those who have done so are<br />
identified by the Imprim’Vert logo, and are now employing practices to protect the environment in<br />
terms of the 1,200 tonnes of dangerous waste processed every year in France!!!<br />
A number of companies issuing print orders, with notable mention of the Administration, are now<br />
including environmental protection criteria in their tenders, and these are becoming a deciding factor<br />
in awarding contracts.<br />
In this particular way, “Green printers” are offering their business an avenue for sustainable<br />
development. The environmental approach adopted to printers doesn’t stop there – ink manufacturers<br />
have devised a Coatings Care procedure, and paper manufacturers have produced the IPPC European<br />
directive (Integrated Pollution Prevention and Control). All the major players involved in this sector are<br />
therefore working towards improved management of energy and resources.<br />
Marketing<br />
We need to identify the risks and opportunities involved in a heightened awareness amongst<br />
citizens of the challenges of sustainable development.<br />
142
A commitment to SD sends a positive, favourable message outside, which can be a trigger for<br />
collaborations based on confidence in following an SD programme.<br />
Businesses or administrations promoting this kind of collaboration will find it easy to reap the<br />
benefits.<br />
The role of marketing is to analyse the behaviour of the responsible citizen and implement a range<br />
of innovations that are sustainable in terms of acceptance. We need to locate and nurture the link<br />
between demand and a more responsible response.<br />
Legal aspects<br />
In legal terms, sustainable development can be enshrined in legal documents, which can be<br />
produced at European (directives) or State level. Some examples of European regulations are the<br />
REACH directive (on the major use of chemical substances in printing) and the WEEE directive (on<br />
electric and electronic equipment waste).<br />
At State level, environmental and social law is based on two strands: environmental and social<br />
(the environmental code and the employment code in France).<br />
Legal services are required to check the conformity of sustainable development initiatives<br />
implemented by organisations as part of their economical, social and environmental structure with the<br />
applicable standards and associated communications. (implementation of legal monitoring)<br />
Purchasing<br />
Adherence to environmental, social and economic criteria when manufacturing products within a<br />
company is not only dependent on internal systems, but also on the quality of the products purchased<br />
from suppliers, and upstream. Performance in terms of sustainable development therefore depends<br />
on the progressive integration of the supply chain within our area of responsibility. We need to<br />
review purchasing strategy (cost reduction, elimination of waste, improvement of energy efficiency,<br />
conservation of resources) by involving partners who supply the business.<br />
Managing sustainable development through purchasing can be achieved by taking account of<br />
global acquisition cost, which, over and above the purchase cost itself, also covers transport, customs<br />
charges, guarantees, storage costs, obsolescence, production waste and end-of-life.<br />
Applying a sustainable development action plan to purchasing generally addresses four areas of<br />
concern:<br />
• enabling current generations to meet their needs without compromising the ability of future<br />
generations to meet theirs,<br />
• making purchasing savings due to improved product design,<br />
• repercussions for image and reputation,<br />
• response to legal obligations.<br />
The implementation of a sustainable development policy is greatly dependent upon how an entity<br />
uses its resources. These resources can be physical assets (property in the classic sense of the word),<br />
but they can also be immaterial assets.<br />
The achievement of sustainable development goals is highly dependent on how we plan to conduct<br />
the initiative in terms of all these resources (employees, organisation ...).<br />
143
Information systems<br />
“Dematerialisation”, which consists of diverting document flow between organisations away from<br />
hard copy documentation towards electronic information systems (this term is hardly appropriate,<br />
as such “dematerialisation” does not actually stop us using materials) is often presented as a benefit<br />
in terms of the environment, as it does away with paper consumption. In fact, we have realised<br />
that the idea of “zero paper” is a myth. A qualitative analysis of the benefits and drawbacks of<br />
“dematerialisation” in terms of sustainable development shows that things are not quite so simple.<br />
Specifically, this process does not improve product quality in terms of the environment.<br />
Reconciling sustainable development with information systems is no easy task, as information<br />
systems are not generally designed for the long-term, but rather for a period of a few years. Also,<br />
business information systems are designed to a logic mainly focused on accounting and finance.<br />
Current initiatives for the application of SD principles in IT more often concern IT equipment proper<br />
(recycling and electricity consumption). There is an international certification system for hardware, plus<br />
a European Directive on dangerous substances.<br />
Another crucial issue is to know what might be the impacts of the race towards IT supremacy on<br />
the environment. We know that computers and software are overdesigned in terms of requirements,<br />
and that the constant arrival of new versions of hardware and software on the market means that<br />
depreciation periods are becoming ever shorter, generating more waste.<br />
A number of interesting initiatives have been observed:<br />
• There are specialist IT systems for setting reporting indicator batteries to zero in accordance with<br />
sustainable development criteria<br />
• Other software makes it possible to measure and monitor the carbon footprint of businesses and<br />
communities across time<br />
• Transversal projects agreed across all areas of a business can stimulate innovation and help to<br />
structure and share the wide range of expertise available within organisations.<br />
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144
A questionnaire addressed to members of the JO forum<br />
would seem to be the most appropriate way to gather information from everybody and start<br />
working from an analysis of what we already know.<br />
Here are a few questions for members of the working group to consider and formalise a response:<br />
Digital development is now an alternative to using paper; what are the real improvements derived<br />
from such modernisation?<br />
Does sustainable development need to be used as leverage for organisational and strategic<br />
change?<br />
How are European countries planning to rationalise their resources?<br />
– Why ask the question?<br />
– Isn’t the procedure already in place in certain respects?<br />
– How does it affect us?<br />
– Political requirements<br />
– Legal constraints<br />
– Competitive challenge<br />
– What would our priorities be?<br />
– Voluntary approach and its founding principles: diagnostics-objectives-action plan- schedule<br />
– Identify the stakeholders<br />
– Risks<br />
– Costs (direct, staff training…)<br />
*****<br />
145
European Forum of Official Gazettes<br />
7 th meeting<br />
Rome<br />
24 September 2010<br />
147<br />
Rome 2010<br />
Information on the<br />
8 th Meeting in Latvia - Riga 2011<br />
presented.by<br />
Artis Trops<br />
Project Manager VSIA “Latvijas Vêstnesis”, Latvia