It is based on research conducted in 1978, the year when, at a conference promoted by the Court of Cassation, Giovanni Duni launched the then-futuristic idea that an electronic document could have legal value.
[3] For many years, and even before 1978, IT helped public administration but kept a "safe distance", assuming that the 'sacred nature' of the law demanded the use of pen and paper.
Information technology merely managed and filed copies of legal documents: it was known as "parallel IT",[4] since it was an accessory to the activity with formal value, the one based on pen and paper.
In Italy, the linguistic expression[5] teleamministrazione was first used in 1991 at the Roman 'La Sapienza' university, during a conference organised by the Court of Cassation,[6] in which it was said that: "the new system of administrative information technology is called "teleadministration" because all the work of the Public Administration will be carried out through devices, that could also be computers, linked to the central server through a network."
In the decades from 1970 to 1990, the Court of Cassation was at the core of research on the relationship between IT and law, organising international conferences every five years on the topic.
The generic reference to the electronic signature is however valid, and its general nature is actually suitable for the rules contained six years later in the Directive 1999/93/EC.
Exceptions are extremely rare: Comma 3 states: by means of appropriate regulations...., proposed by the delegated Ministers for Public Functions, Innovation and Technology and the Minister for Cultural Heritage and Activities, the categories of administrative documents that can be created on paper in original are identified, having regard to the special historical and archive value they will have by nature" (think, for example, of the resignation of a President of the Republic).
However, the ultimate acknowledgement of the principles of teleadministration, with the telematic One Stop Shop, is contained in the Directive 2006/123/EC of the European Parliament and Council of 12 December 2006, on the Internal market for services, which provides for Member States to set up an electronic One Stop Shop in the wide field of administrative procedures.
As a scientific proposition, teleadministration sketched the system of telematic administrative procedures well ahead of the law, and particularly the electronic One Stop Shop concept.
The concept of documents' dematerialisation,[9] in existence since 1978 as a scientific notion,[10] was first embraced in Italy (Law N. 59 of 15 March 1997, Art.
And indeed the commission, with its Decision of 16 October 2009, provided a number of measures to facilitate the use of electronic procedures through the "One Stop Shop" under Directive 2006/123/EC.
In light of this limitation, a group of illustrious European Law academics, coordinated by Giovanni Duni, has drafted the most effective text for a Directive providing a universal system of telematic administrative procedure.
40 (statutory requirement of digital signature), because in front of a claim of this nature, the administrative judge would apply Artt.
Introducing a draft Directive, research coordinated by Duni, G., in CNR ITTIG Informatica e diritto, Vol.