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YEARS OF EUROPEAN ONLINE ANNÉES DE EN LIGNE ...

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WORKSHOP<br />

3. LEGISLAtIVE ISSUES CONCERNING LEGAL GAZEttES —<br />

thE RELAtION Of thE ELECtRONIC VERSION tO thE PAPER<br />

VERSION<br />

3.1. The legal status of the electronic legal gazette<br />

the member States of the European forum of Oficial Gazettes have different<br />

approaches to the legal status of the electronic legal gazette.<br />

THE TRADITIONAL APPROACH<br />

the traditional approach to the deinition of the legal status has been that<br />

the paper version is the only authentic and legally valid version of the legal<br />

gazette. In addition, it has been possible to publish unoficial, unauthentic<br />

electronic versions of the legal gazette, mostly for information purposes and<br />

for easier access to the materials of the legal gazette. Usually these electronic<br />

gazettes are available in htmL or PDf formats. Nowadays the traditional approach<br />

is still valid in a large number of European countries.<br />

THE BALANCED APPROACH<br />

the balanced approach in the deinition of the legal status made progress<br />

in the late 1990s in a number of countries. In the balanced approach, the paper<br />

version and the electronic version have equal legal status. however, if there is<br />

a difference in the content of the paper version and the electronic version, the<br />

paper version is usually the only authentic one.<br />

In France, the electronic publication of the authenticated oficial journal<br />

has acquired a status equivalent with the paper version since 1 June 2004, and,<br />

by coming out at the same time as the paper version, it constitutes the oficial<br />

publication of legal acts. the electronic oficial journal is not identical with the<br />

paper journal, due to the question of anonymising regulatory acts relating to<br />

the status of individuals. Name changes or naturalisation are sensitive issues<br />

and therefore notices or acts including information on name changes or naturalisation<br />

are not published digitally.<br />

Another example of this balanced approach is the Estonian act on the<br />

legal gazette (Riigi Teataja) from 1999. the act (paragraph 1) states the following.<br />

• the Riigi Teataja is the oficial publication of the Republic of Estonia. the<br />

Riigi Teataja shall be published on paper as printed matter and electronically<br />

on the Internet.<br />

• Legislation, notices and other documents published in the Riigi Teataja<br />

which is on paper and in electronic form have equal legal force, unless this<br />

act provides otherwise.<br />

106 | 107<br />

01_2007_5222_txt_ML.indd 107 6-12-2007 15:13:52

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