Redress, the missing teeth? ePSIplus Project 3 rd Legal thematic meeting, Ljubljana, 9 May 2008 funded by eContentPlus

Introduction – Marc de Vries UK situation – Marcia Jackson, Geoff Offen EU minimum requirements for redress – Wessel Geursen Short introductions other members inner circle Case Lexcase Wrap up Structure of the meeting

EPSIplus = spindoctor All in support of the PSI Directive Aimed at correct and timely implementation and Aimed at correct application in practice Networking and information provision Thematic meetings 12 out of 15 Country meetings 20 out of 32 Closing conference 13 June 2008

EU Recommendations EU Communication Draft Green Paper on PSI Policy started in 1987 … European PSI re-use policy: wherefrom and whereto? (1) Green paper adopted INFO 2000 Programme eContent Programme

Adoption of PSI Directive Review PSI Directive Deadline implementation ePSIplus project ePSINet + ePSINetCee projects MEPSIR study European PSI re-use policy: wherefrom and whereto? (2) Here we are now! eContent plus Programme MEPSIR 2 study

Highlights Tour of Europe Implementation – only few to go! New services and products emerge: GIS sector: Meteorological sector: Legal: New business models appear: PPP – Land Brandenburg (GER) European PSI lobby organisation set up PSI Alliance Studies, national en European: Latvia, Netherlands, UK What is public and what is private task? pricing New legislation: Netherlands, Iceland, Norway, Latvia Directive in action – law suits: Netherlands, Belgium, United Kingdom

The Directive in motion: the UK picture Geoff Offen - Landmark Marcia Jackson - OPSI

EU minimum requirements for redress Wessel Geursen de Brauw Blackstone Westbroek

Wessel Geursen, de Brauw Blackstone Westbroek, Netherlands Marcia Jackson, OPSI, United Kingdom Sonja Bien-Karlovsek, Deputy Information Commissioner, Slovenia Mariano Magide Herrero, Uria Menendez, Spain Pavoo Paloheimo, Consulting Agency Paavo Paloheimo, Finland Inner Circle

Case: Lexcase Public Content Holder production LawandlexLexcase Public Content Holder sales department Labour Court No response is given whatsoever. District Court Access and reuse are both refused Criminal Court Access is given but reuse is disallowed Supreme Court Access is given and reuse is allowed, however against the following conditions: euro per case - delivered one year later - only delivered in print - no overview Council of State Reuse is disallowed cases only available through private sector publisher all case law is to be made available for free State

Recommendations to the EC as to the functioning of the PSI Directive on redress –Is it functioning? Yes  end No  why not?  –Since there is no compliance with minimum requirements »If yes: infringement procedure and/or recommendations »If no:  –The lack of harmonization of redress mechanisms is frustrating the realization of the objectives of the Directive »If yes: basis for harmonizing legislation, and what? »If no:  –Redress is functioning but yields no results since the objectives of Directive need to be changed »If yes: new policy  legislate/other policy measures »If no: there is no basis for the Directive Wrap up

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