The Digital Administration Code was repealed?

On Wed, October 1, 2008, in E-government , read old and new , by Ernesto Belisario

In the last two weeks has turned an interesting debate on the failures of e-Italian goverment that is enriched with authoritative contributions . In recent years efforts for the computerization of the PA were very important: you think that the commitment of expenditure for the purchase of goods and services only in 2006 reached the figure of 1,620 million euros.
However, in the face of such investments, there has been a true digitization of the administration.

The errors that have determined and still determine the failure of policies of innovation of the PA are many: lack of political sensitivity towards this issue, wrong choices, strong resistance of the public sector, all profiles that have caused a huge delay from Italy to the States in which the Digital Administration is already a reality.

A lawyer as I am, however, my assessment is directed mainly legal-regulatory aspect in relation to which the evaluation is simple. In Italy the e-government is the law for the past three years, ever since, namely, the adoption of the Digital Administration Code ( Legislative Decree no. 82/2005 ) which introduced some very interesting principles and rights (such as right to the use of technology in dealing with public bodies) .

Do not think I exaggerate when I write that the Digital Administration Code is one of the standards applied and less known of the entire Italian legal system.

Much of the government does not know its contents and obligations (organizational and technological upgrading) and even where it is known is not applied. The proof is in the fact that online services are still a chimera: a second ' survey SDA Bocconi , in the face of increasingly intense demand (according to Istat data refer to 2006 46.1% of Italians use the computer, and half of them every day, albeit with a certain spatial inhomogeneity), that the municipalities - all with a website - they offer information to citizens is mainly (96%) and limited interactivity, in the form of the possibility of sending the presence of mail or forum (89%), while they are still rare services that allow you to transact business (21%).

Citizens and businesses are unaware of their new rights and, therefore, do not take steps to enforce them. Just think that in almost three years after entry into force of the rule there is still no case law on CAD, in a country with high rate of litigation is a fact that has to reflect on how little or nothing has been done to inform members of the PA as provided by the CAD.

Even the legislature, and this is even more serious, it behaves as if the code did not exist, I read with amazement that the Decree of the Ministry of Justice July 17, 2008 (New Rules of Electronic Process) art. 2, paragraph 1, lett. g) talking about digital signature refers to D. Decree no. 10/2002, that decree, in fact, is no longer in force because its own repealed by the CAD.

I think the idea right then, authoritatively supported , to recover from CAD to revitalize the Italian E-government as it is the only way legally enforceable. It must be affirmed with finality, in fact, that the government (all levels) are obliged to apply the Code: The rules are now in force and, therefore, binding on the PA that must comply in order to avoid litigation and liability.

The only legitimate path to not implement the CAD is repealed.

18 Responses to The Digital Administration Code was repealed?

  1. Felter Roberto writes:

    From 21 October, the Lombardy region will find a newsstand in smart card reader (I do not know at what price but they say "affordable") so that you can use the services that all Lombard have already pocketed some time. (But use only in hospital rather than giving voice to data).
    We hope to be a step forward then to force the rest of the PA to adapt.

  2. Felter Roberto writes:

    I found that instead of the region Friuli Venezia Giulia is to send a free smart card reader to each household that requests it.
    Who knows how many have applied? because if few are willing to use it of course the PA does not feel the need to adapt.

  3. @ Robert Felter
    This is certainly laudable initiatives, but the problem is no longer the computer equipment but services. Let me explain: once the families have taken the smart card reader can access which services? And especially because the government did not inform the public that it is their right to demand the delivery of online services?

  4. Felter Roberto writes:

    I have the impression that the problem is just making people aware of their rights to citizens.
    If I am given a player comes to me naturally ask "to make it"? At this point the lack of PA becomes visible and thus more likely to develop in that direction.
    It 's always the law of supply and demand. Today there is still too little demand for online services to the PA because the PA go in that direction. A widespread distribution of tools may be the basis for the increase in demand for services.

  5. @ Robert Felter
    You're right it would take more awareness on the part of citizens. Certainly there were mistakes of many.
    Just think of the electronic identity card (I've talked about here: http://blog.ernestobelisario.eu/2007/05/16/brutte-sorprese/) : more expensive than paper (bell'incentivo) and not many the services available with it. How many citizens who have chosen instead of the traditional one?

  6. Pino Bruno writes:

    The Italian e-government is failing (has failed already)? even for the tenacious, stubborn, resistance of those should apply. I speak of leaders of the PA, which often do not know how to use the mail (digital signature? Is this?) And many officials and employees who have a computer connected to the administration of membership but continue to require them to fill out forms and modules where you must prove circumstances (existence in life, citizenship, etc.) that are already there, in the database. I could tell hallucinatory experiences, he experienced firsthand, but I will not bore you. There is code that takes you decide if you do not - as in the case of Chambers of Commerce about the transmission of the financial - that the only way is to telematics. It 's true, there were one or two extensions, but then he did so. You can not leave the choice to the bureaucrat or the administration, otherwise it will continue the lust of carbon paper, stamp, queue, signing .....

  7. @ Pino Bruno
    Just to overcome the resistance of the public sector has chosen to require the government to be digital.
    It 'just this one of the most important news of the Code: assign rights to citizens who can now claim the use of IT and telematics by the PA.
    The implementation of the code changes, so even the awareness that citizens have of their Diriti.

  8. Pino Bruno writes:

    Dear Ernesto, I "I demand the use of IT and telematics in the PA," but you hear what happened to me just yesterday, because - as you well know - the principles and theoretical scenarios are faced with a reality much analog and distressing:

    the caregiver of my mother, Romanian, European citizen, it is regulated from the beginning of its activities. Pay union wages and contributions. For months, the lady could not get the health card. The quivered like an octopus by the Agency for Employment to the ASL. Back and forth. "No, this document does not go well." "Come back to the agency for use, it lacks a stamp" and so on. Yesterday I took a day off in the newsroom and I accompanied Mrs. Daniela in different offices. The fact is that the PA (in this case and use ASL) do not talk to each other. They use computer networks but, evidently, are not related. The lust of the stamp and signature of the ramp. Eventually I asked to stamp on his knees (even if it was not necessary) a completed form on your PC. I brought the form to the clerk and the local health office has issued a health card only because he saw there was the stamp. I tried to explain that a procedure was passed, I told her about the Digital Administration Code, the circular CNIPA, etcetera. He looked at me like I had just landed from Mars ...

  9. @ Pino Bruno

    I understand perfectly: the one represented by you is not an isolated case but what happens in the vast majority of public offices. And it is why I believe that citizens play an important role in the digitization process; pretenderla by PA officials and managers is to put in front of their responsibilities.
    In offices, people are still treated as subjects and not as a user, it is real and how these abuses must be prosecuted.

  10. @ Ernesto Belisario

    The non-application of the rule has produced a further delay and perhaps irretrievable.
    The ability of interim staff and administrative leaders, speak of simple interpersonal communication, not adapting to new ways of communicating (peer and non-hierarchical) that requires the use of the Web to be creative and innovative.
    That kind of delay can not be recovered with a regulatory approach.
    We try to say why?
    The Web has not been produced or by a Business Plan, or by a group activity conducted as part of the Terms of Reference established and agreed between the participants.
    If so, which reads, it says something .. how about now?

  11. @ Luigi Bertuzzi
    Louis, a scholar of administrative dynamics, I must tell you that the delay of the PA, although severe physiological and explained as well as surmountable.
    Standards can only accelerate certain behavior ... but, as you rightly observe, the technology has not created a legislature that is only made after (delayed) to regulate only some aspects. Ubi jus ibi societas.
    I agree with you, the regulatory approach should not be all-encompassing ... must not be overlooked two fundamental levels: the organizational and technological.
    Any approach that does not address in an integrated way all these three nodes is a loser from the start.

  12. @ Ernesto Belisario
    Ernesto, of course, sooner or later we will have online access also to the PA.
    The problem, however, if I understand well (the "dissonance" between?) The evolution of the technology in question and how to materialize the Web, I would do from the capacity to take an organizational approach "from below" and. . the difficulty to explain and to understand what it means in practical terms, "take an organizational approach from below."
    A possible site to develop a speech clarifier was apparently the Group's Net Neutrality
    http://innovatori.ning.com/group/netneutrality
    Feel invited by me, as I do have an email chat via Skype or Twitter DM :-)

  13. Postscript -
    I linked to post comments in this discussion group costitutente netneutrality, which are still the appearance of neutrality of the network infrastructure and its impact on the digital divide:
    http://innovatori.ning.com/group/netneutrality

    I sent you the invite .. But you do not see this among the group members.

  14. @ Luigi Bertuzzi

    As you know, I fully share the viewpoint of approaches "from below" and I iscrittto group of innovators.

    You point out that I wrote something on the net neutrality on the wiki of the Institute for Policy Innovation. I would appreciate if you tell me what you think :-)

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