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Promoting e-participation to qualify territorial e- government policies Cesare Maioli Faculty of Law and CIRSFID University of Bologna Jaca, July 27, 2007

Promoting e-participation to qualify territorial e-government

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Page 1: Promoting e-participation to qualify territorial e-government

Promoting e-participationto qualify territorial e-government

policies

Cesare Maioli

Faculty of Law and CIRSFIDUniversity of Bologna

Jaca, July 27, 2007

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Definitions and framework

A few projects now underway Partecipa.net

People

I-Care

Fourth Knowledge

Conclusions

Contents

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E-participation

Framing of politics in the electronic medium

E-participation comes by way of two trends the growth of technological potential offers opportunities to set

up new businesses and develop existing ones, and it more generally allows citizens and administrators to effectively and creatively support and attain strategic development aims

the need for joint work and coordination among government bodies at different levels

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The use of IC technology

to enable participation – accessibility and understandability to engage with citizens – top-down consultation to empower citizens – bottom-up participation

fosters

broader and deeper democratic interaction more open and transparent decision-making stronger representative democracy

(Macintosh and OECD-2001 Engaging citizens in policy-making, 2003)

E-democracy and e-participation

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Italian e-government plans

Bassanini legislation 1997–2001

Phase One, 2001-2003

Phase Two started in 2003

The national e-government strategies state that e-government can help councils adopt innovative approaches in engaging those who are currently excluded from democratic participation

Local government is not just about providing services; the point is also to encourage people to be involved in shaping their ideas and the future of their communities

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E-Government (projects launched under the term of Minister Stanca) normative framework - I

Legislative Decree No. 445/00, Single Text on the Laws and Regulations pertaining to the Use of Administrative Documents

2002 Guidelines and 2002 Wideband Guidelines

Directive 18/12/03 (2004 guidelines for digitization in the public administration)

Legislative Decree No. 10/2002

Decree of the President of the Council of Ministers on Jan. 13, 2004 (technical rules for drafting digital documents).

Decree of the President of the Council of Ministers No. 437/99 (regulating the use of electronic ID cards)

Decree of the President of the Republic No. 117/2004 (regulations for the National Charter of Services)

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E-Government (projects launched under the term of Minister Stanca) normative framework - II

Decree of the President of the Republic No. 4/4/02 (regulating online sales)

Legislative Decree No. 387/98, transposing Directive 6/8/04, on e-learning projects

Law No. 4/2004 (“Legge Stanca”), guaranteeing access for the disabled

Notice of Competition for Local Infrastructural Services and for the Online Connection System for the Public Administration (Gazzetta Ufficiale No. 127 on June 1, 2004)

Decree of the President of the Republic No. 68 on Feb. 11, 2005, on certified e-mail

Legislative Decree No. 42 on Feb. 28, 2005, titled "Instituting the Online Connection System for the Public Administration and the International Network for the Public Administration, in compliance with Art. 10, of Law No. 229 on July 29, 2003" (Gazzetta Ufficiale No. 73 on 30 March 2005)

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National and local administrations

the main administrations are making proposals for agreements the need and the intent is to verify and discuss these proposals, thereby

forging new programs of public interest unless the political decision-makers become more interested in developing

ITC policies, gaining insights along the way, the public sector risks a governance deficit that will prevent it from keeping pace with the processes that are reshaping everybody’s life

need for a constructive understanding between politics, businesses, and the public

ICT industry can be a solution provider

law is a normative provider

need for politics to take the lead

ensuring that the entire population can access to all government services in ways that they find convenient

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Citizen actions

direct interaction between users and the administration; this process makes it possible to find points of interest and negotiate solutions; discussions are carried on and laws and rules proposed; pressure is brought to bear on decision-making, and forms of e-democracy are tested

information exchange and knowledge-building among groups of people sharing an interest; this process is rather more connected with administrative data and information services; the idea is to evaluate operational systems and get the administration to handle citizen requests properly

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Objectives of e-participation

granularity: to reach as wide a public as possible in the effort to encourage citizen involvement

distribution: to support participation through multi-channel facilities that help citizens use their different technical and communication skills

usability: to provide relevant information that will make it easier to understand, access, and use different formats, thereby also enabling users to provide feedback

motivation: to encourage users to play a part in public debates

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Classifications of online services

Classes information services: one-way delivery of digital services from

government to citizens communication services: a two-way link allowing citizens interact with

the government and hence play a part in administrative processes transaction services: the government delivers to the citizens a full

service that requires access to different archives and information systems as well as collaborative processing operations

Functions daily tasks tele-administration political participation

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Knowledge management and citizens in e-gov

Organizzazione

Administrationtactical layer

Bureaucracyexecution layer

Gruppo

Oggetto generico

Database

Best Practices

Data &Information

Processes

Organisation

Governancepolitical and strategic layer

Law& Regulatory

Politics

Policies

Actions

E-governmentapplications

Feedbacks

Knowledge Mapping

Know-how

KM MAP

LEGAL KM

Modification of thePolitics & Policies

Law Impacts on theE-GOV Content Representation

1

2

3

4

5

6

7

8

9

10

(copyright Monica Palmirani)

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Projects of reference - I

Partecipa.Net. The project is designed to test different methods by which citizens may participate in framing regional policies and managing institutional services. It was launched by Emilia-Romagna Region jointly with 21 local administration in 2005 in the framework of Italian e-government Phase One initiative

I-Care. The project is designed to support local government bodies (city administrations, provinces, the region, and health-care organisations) in providing community services, and the service of care delivery at home in particular. It was launched in 2004 by municipal, county and health authorities of Forlì in co-operation with a few technical partners, with the financing support of Emilia-Romagna Region

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Projects of reference - II

People (Progetto Enti On-Line Portali Locali E-government). The project is financed by the national government under the 2000 e-government Action Plan, is designed to simplify and innovate relationships between public administrations and the citizen, this by setting up a multichannel online system providing about 200 services. More than 50 territorial administrations participate to the initiative

Fourth Knowledge. The initiative aims at supporting ICT teaching and learning and involves the whole school system of Emilia-Romagna Region. It was launched in 2000 in the Regional Plan for Online Services. The rationale was to help the region’s businesses become more competitive through ICT and to help its residents become more familiar with it

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Italy and Emilia-Romagna Region

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Partecipa.Net project goals

to provide tools and channels easily accessible to all citizens in the region so that they may understand regional and local policies, form opinions about them express these opinions, and get feedback in the process

to engage all the participants who may have an interest in the policies in question, providing them with complete information about the project and using targeted communication channels; part of the effort consists in working toward overcoming the digital divide

to provide administrators with methods and tools that they can put to use to augment

citizen participation. These methods and tools consist in what is called the E-Democracy Kit designed for open-ended application, meaning that it is flexible and should allow different sorts of administrations to enact participation processes according to specific needs

to make citizen participation more active: with guidelines for organising a team, methods

for moderating debates online, and suggestions for carrying citizen-participation projects to success

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Partecipa.Net E-Democracy Kit

the software is distributed through an open-source licence

each administration will be able to make it functional to its specific needs

participatory methods and procedures

different technological components

availability of different support methods. Each such method and technology can work on a stand-alone basis, too, and can easily be put to a new use depending on the task at hand

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Partecipa.Net normative frame

E-government Action Plan on June 21, 2000

Decree of the President of the Council of Ministers on Feb. 14, 2002 (financing the 2002 e-government action plan)

Notice of competition on e-democracy (Gazzetta Ufficiale No. 86 on April 13, 2004)

Regional Plan for Online Development – 2004 Operative Program: Strategies for the Information Society in Emilia-Romagna

Legislative Deliberation No. 134/04 (Emilia-Romagna) – Regional Development of the Information Society

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Partecipa.Net e-participation process

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Partecipa.Net multi-channel access

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Partecipa.Net feed-back management

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People project

The purpose of the project is to simplify and innovate relations among local public administrations by creating a multichannel network system. The Web portal will be the main method of interaction, and around 160 different services will be provided. The local administrations have estimated that these services can satisfy 95% of the requests of citizens and enterprises. More than seven million inhabitants are covered

Benefits for participating administrations

– strong impulse to develop new integrated systems for citizens– delivery of online services and high-quality, innovative solutions– acquisition of the technical and organizational know-how needed to

renew local administrations– promoting, maintaining, and sharing excellence in the professions– ...

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People components

a front-office system enabling citizens and businesses to have the widest possible online access to the services offered by the public administration

the services are organised through life events, and they make for an occasion of interaction and exchange between the citizenry and the public administration

a network comprising 55 government bodies, mostly city administrations, that serve about 7.5 million citizens in 12 regions across Italy

the services offered have been grouped in five categories: local taxes, grants and authorisations, information about each area, individuals, and vital statistics

in each such category there are community services as well as online services making it possible to fill out forms, make payments, and find documents and sources

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People normative frame Legislative Decree No. 445/00, Single Text on the Laws and Regulations pertaining to

the Use of Administrative Documents.

Directive 18/12/03 (2004 guidelines for digitization in the public administration)

Decree of the President of the Council of Ministers dated 13 Jan. 04 (technical rules for drafting digital documents).

E-government Action Plan on June 21, 2000

Decree of the President of the Council of Ministers on 14 Feb. 14, 2002 (financing the 2002 E-Government Action Plan)

First Notice of Competition (Gazzetta Ufficiale No. 78 on April 3, 02)

Notice of Competition for Software Reuse Projects (Gazzetta Ufficiale No 27, Sept. 2004)

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People conceptual structure 

Large municipality

Small municipality

One-stop shop

Mountain community

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People technological model of the call center

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I-Care project

a collaborative project entrusted to a group of university research centres, local agencies, and private companies, designed to provide online access to health and social services, chief among which the service of providing care, medical or otherwise, at home

the ICT system necessary to this end will have to support a number of functions, including processing and assessing service requests, putting together a work plan and the team entrusted to it, and providing the service itself

the mission is to integrate social and health services, and to do so reversing the model on which basis this kind of care is typically provided, which means setting up a situation in which the citizens in need of care become the focal point around which revolves the entire organisational system, rather than the other way around

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I-Care architecture

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I-Care technical framework

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I-Care normative frame - I

Legislative Decree No. 196/03, on the protection of personal data

Legislative Decree No. 445/00, Single Text on the Laws and Regulations pertaining to the Use of Administrative Documents

Legislative Decree No. 502/1992 (restating health legislation)

Legislative Decree No. 229/1999 (on rationalizing the national health system)

Law No. 328/2000 (Framework law – an integrated system for social services)

Decree of the President of the Council of Ministers No. 129/2001 (setting out policy and coordination for social and health services)

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I-Care normative frame - II Constitutional Law No. 3/2001 (amending Title 5 of Part Two of the Italian

Constitution)

Regional Law No. 5/94 (protecting the elderly and for social dependents) and relative deliberations

Regional Health Plan for 1999-2001 and 2002 Action Plan in Favour of the Elderly

Regional Law No. 2/2003 (promoting citizen participation and providing for integrated social services) and Regional Law No. 29/2004 (framing the organization and functioning of the region’s health services)

Regional Plan for Online Development - 2004 Operative Program: Strategies for the Information Society in Emilia-Romagna

Legislative Deliberation No. 134/04 (Emilia-Romagna) – Regional Development of the Information Society

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I-Care legal issues

the right to privacy: here it will be necessary to publish a legal notice setting out the responsibilities and obligations of those in charge of processing the data and obtaining the user’s consent to go ahead with such processing

data-processing techniques: here it will be necessary to set out requirement for cryptography and digital signatures and the responsibilities of the individual whose signatures these are

authenticating the system operators: here, we need access codes and digital signatures for all documents needing to be underwritten for administrative purposes

A basis for drawing up a code of conduct setting out rules for all the operations required in carrying out the online service

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I-Care legal problems

the project being designed for delivery of both medical and social services, it will accordingly make it necessary to process two types of personal data, medical and non-medical

we thus needed to set up two standards (a double set of regulations) according as the data to be processed is classified as medical (under art. 76 of the Italian code on privacy) or otherwise;

the same problem applies to the personnel themselves: under the above-mentioned art. 76, only medical personnel can handle medical data. Again a a double set of regulations is needed, one for medical personnel and the other for social workers

assigning a legal and administrative status to the document being processed and affixing a digital signature accordingly. This kind of specification will make it necessary to work closely with the administrations involved, and it will also require a back-office apparatus capable of supporting the new document-management system and protocol

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Fourth Knowledge initiative framework

Innovationfor SMEs

Newpublicservices

11

The new Region

Regional network

Learning andpublic access

22

33

44

6

ICT andmultimediadevelopment

Regional development

55

55

Telecommunication marketgrowth

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Fourth Knowledge aims

Support the teachers’ network

Increase and develop ICT competence in schools

Support community and group sensitiveness to ICT implications

Support local access points

Innovazione PMI

Innovazione servizi pubblici

11

La Nuova Regione

Rete regionale ERNET

Alfabetizzazione e accessi pubblici 44

33

Mercato tlc competitivo66

Sviluppo settori ICT e MM Sviluppo

regionale

55

55

22

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Fourth Knowledge normative frame

Regional Law No. 3 of 21 April 1999, reforming the local and regional system

Regional Law No. 10 of 25 May 1999, setting forth a right to lifelong education and qualifying the integrated system for professional training

Legislative Deliberation No. 107/2003 (Equal opportunity of lifelong access to knowledge, obtained by reinforcing education and training and integrating them), approved on 25 June 2003 by the Regional Council of Emilia-Romagna

Regional Law No. 2/2003 (promoting citizen participation and providing for integrated social services)

Regional Plan for Online Development – 2004 Operative Program: Strategies for the Information Society in Emilia-Romagna

Directive 2004/48/CE, on compliance with the rights to intellectual property and Law No. 128/04, setting out measures designed to curb illegal distribution of audiovisual material on the Internet

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Fourth Knowledge side actions

Training administrative personnel for online services

– the point with public services is that we need to guarantee universal access to them – differences to the technological equipment available and the skills, including the

management and organisation skills– analysis devoted to the user understood as the person around which and ICT-based

service should revolve

Building information hubs and community networks

– to encourage the formation of an online community where people can train in their professions: focused training

– to bridge generation gaps and promoting community-building: prepare internal trainers capable of acting from within the organisation and the

communities work in coordination with business associations, Non-profit associations, and volunteer

associations support the effort to set up - at libraries, schools, recreational centres, and other public

venues - free points of uninterrupted access to the Internet promote awareness campaigns

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Projects and interaction technology

in People, interaction is based on multi-channel access to more than 200 services provided by the city administrations; passwords and smart cards are used to authenticate users and to sign the documents required for the legislative process

in Partecipa.Net, it is based on the E-Democracy Toolkit, a sophisticated suite of software programs designed to support cooperation and group decision; the programs are user-friendly and present a unified interface

in I-Care, it is designed for health practitioners and provides a responsive set of health and welfare services to citizens; users are provided with new tools such as cooperative interfaces and wireless palm pilots

in Forth Knowledge, it is mostly based on Web portals designed for a smooth and pleasant exchange of contents in an e-learning and e-teaching setting on line with high standards of usability

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Projects and institutional cooperation

The projects and initiatives described here are the result of a joint and coordinated effort among local, regional, and national government bodies and were preceded by long negotiations undertaken to reach formal definitions and agreements

It was felt that the systems should be designed and implemented only upon establishing a common willingness to jointly give shape to the projects according to user expectations;

the existence of wide-area plans, such as the European initiatives for the information society and the national e-government plans was a guarantee

legislative bodies and financial institutions offered a set of innovative and open-ended solutions to the problem of drawing up rules and regulations and the problem of co-financing

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Projects and reuse

People; public administrations at different levels are taking part in the initiative; the vision driving the project is that of achieving balance and integration among local systems

Partecipa.Net; a government program specifically intended for e-democracy; different public administrations shared a vision where the political agenda may stand to gain by informed decisions taken through the teamwork of decision-makers and stakeholders

Care; joint work of a group of public administrations and organisations coordinated by a regional administration and operating within a limited geographic area

Fourth Knowledge; all the educational institutions of a large region; cooperation is

among administrations that share educational contents and purposes

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Conclusions

The multi-channel tools and the feasibility of participation in the decision-making process help users and citizens place greater trust in e-democracy, especially when they see positive responses and participation on the part of the public administration and its institutions

The recognition that citizens have a right to be fully informed and to find that information easily makes public institutions commit themselves to enabling wide access to data, thereby promoting a virtuous cycle of information exchange. It follows from this recognition that online resources need to be reorganised and online services reengineered

Public institutions are therefore coming to appreciate that e-democracy and e-participation need a new perception of citizens as holders of an inalienable right to digital citizenship rather than only as users of ICT and online services. This new perception, when acted upon, will help to widen the democratic process and to empower people