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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 />

force at the wished<br />

date<br />

Presentation of the act<br />

Presentation of the act


The database of "Normattiva" is updated in n. 3 days from the<br />

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changes and can be accessed through the site:<br />

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The service is completly free of charge<br />

Thank you for attention<br />

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Web site


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 />

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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 />

105


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 />

*****<br />

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

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