Le azioni dell’UE per l’informatizzazione. Dagli strumenti di base ai procedimenti telematici

In the EC and EU Treaties (at present Lisbon Treaty that includes TEU and TEUF), the ICT is not the subject of specific provisions. However it has been held in high regard by the European Institutions. This study therefore examined the provisions of the above mentioned Treaties considered more or less directly or indirectly linked to the computerization in general and that of P.A. in particular, on the basis of which have been issued documents of various types, programmatic or binding. The European Union has placed the development of the ICT among the seven flagships initiatives of the "Europe 2020" prospectus. This program was set for the purpose to influence the social and economic development of Europe and to fight the crisis that began in 2008. This initiative, issued by the European Commission in its communication COM/2010/0245 f/2, was called the European Digital Agenda. It is divided into subprograms wide-­‐ranging, aimed at the development of networks and digitization in all areas of social life, from e-­‐ commerce to the Public Administration. As part of the Digital Agenda actions have been developed in order to establish the substantive and legal conditions to allow legal activities in electronic form to develop the basic technical tools. The second aim of this program is the reliability of the operations normally carried out at a distance. Particular attention was paid to the activity of the Public Administration, always from the point of view of interoperability at European level. At present we have the ISA2 program which 6 aims to encourage, also by specific funding, the administrations to develop advanced interoperable systems, indicating as a solution also the one stop shop. These acts are planning documents (which have the characteristics of soft law acts) whose objectives should be implemented by the administrations of the EU member States. A key legal instrument was approved July 23, 2014: the Regulation 910/2014, called eIDAS, which regulates the conditions of security in all its aspects (not only for electronic signature), giving a lead role to the trust service providers. The doctrine both on the ISA2 programme and on the eIDAS Regulation is currently very limited. While the solutions stimulated by ISA2 are entrusted to the spontaneous initiatives, different is the setting of the law sources discussed in Chapter 3: these are two directives containing very advanced solutions governed directly by European Law. The Directive 2006/123/EC on services in the internal market, which provides the one stop shop. The Directive 2014/24/EU on public procurement, in which the digitization and online management tools are essential to ensure competition and transparency. Finally, we examine two sources connected to each other, the object of which impact significantly on the subject of our investigation: Directive 2013/37/EU on the reuse of public sector information and the regulations being approved on the protection of privacy.