E-government and its implications for administrative law : regulatory initiatives in France, Germany, Norway and the United States

목차 (Table of Contents)

• CONTENTS
• Preface = Ⅴ
• One Taking administrative law into digital era = 1
• 1.1 Electronic government = 3
• 1.2 Electronic administrative procedures = 7
• 1.3 A survey of regulatory initiatives = 8
• Two France = 11
• 2.1 Introduction = 13
• 2.1.1 Present practice = 13
• 2.1.2 Present regulatory developments and expectations = 15
• 2.2 The administrative system and problems in the light of electronic transactions = 17
• 2.2.1 General characteristics of the administrative system = 17
• 2.2.2 Interaction between administrative and civil law = 18
• 2.2.3 Requirements of the administrative system relevant for electronic communication = 19
• 2.2.4 Problems with electronic communication = 21
• 2.2.5 Solutions under case law? = 22
• 2.2.6 Influence of other legal domains in addressing the problems = 22
• 2.2.7 Conclusion = 24
• 2.3 Amending administrative procedure law to allow for electronic transactions = 25
• 2.3.1 General observations = 25
• 2.3.2 Rules on safe electronic communication = 27
• 2.3.3 Conclusion = 29
• 2.4 Electronic communication versus traditional communication = 30
• 2.4.1 Do differences remain between both forms of communication? = 30
• 2.4.2 Is it possible to discriminate between means of access? = 31
• 2.4.3 Conclusion = 32
• 2.5 General conclusion = 33
• Three Germany = 35
• 3.1 Introduction = 37
• 3.1.1 Present practice = 39
• 3.1.2 Overview of current legislative developments = 42
• 3.2 Legal requirements and impediments for the electronic communications of the public administration = 45
• 3.2.1 General characteristics of the administrative system = 45
• 3.2.2 Interplay between administrative law and civil law = 47
• 3.2.3 Requirements of administrative law relevant for electronic communications = 48
• 3.2.4 Problems under the present administrative law system in the light of electronic communications = 50
• 3.2.5 Case law relevant for the solution of the problems = 52
• 3.2.6 Influence of other legal domains, especially civil law on problemsolving in administrative law = 54
• 3.2.7 Conclusion = 55
• 3.3 Amending administrative procedure law = 55
• 3.3.1 General considerations = 55
• 3.3.2 General stipulation versus specific (detailed) stipulations = 56
• 3.3.3 Issues regulated at a general level = 57
• 3.3.4 Issues regulated at a specific level = 62
• 3.3.5 Rules on careful electronic communications = 63
• 3.3.6 Specific issues concerning electronic signatures = 65
• 3.3.7 Competent bodies for the specification of the requirements relevant for careful electronic communications = 65
• 3.3.8 Conclusion = 65
• 3.4 Electronic communication versus traditional communication = 66
• 3.4.1 Remaining differences between traditional and electronic communications = 66
• 3.4.2 Discrimination of access = 66
• 3.4.3 Conclusion = 68
• 3.5 Conclusion of the main findings = 68
• Four Norway = 71
• 4.1 Introduction = 73
• 4.1.1 Present practice = 73
• 4.2 Norwegian administrative law = 74
• 4.2.1 Current legislative developments = 74
• 4.2.2 Amendments to the Public Administration Act = 74
• 4.2.3 Draft Regulations on electronic communication with and within the Public Administration = 79
• 4.3 Case law = 81
• 4.4 Interaction between administrative and civil law = 81
• 4.5 Conclusions and main findings = 82
• Five The United States = 83
• 5.1 Introduction = 85
• 5.2 Present practice = 85
• 5.2.1 Approaches and policies related to e-government = 85
• 5.2.2 IRS present practice in electronic communication = 87
• 5.2.3 USPTO present practice in electronic communication = 89
• 5.3 Legislative action and initiatives for electronic communication = 90
• 5.4 Administrative law in the United States = 92
• 5.4.1 General characteristics of the administrative system = 92
• 5.4.2 Interaction between civil law and administrative law = 94
• 5.5 Requirements of the system relevant to electronic communication : IRS and USPTO and administrative law = 95
• 5.6 Problems under the present administrative system in the light of electronic communication = 97
• 5.6.1 Case law = 98
• 5.7 Amending administrative procedure law = 98
• 5.8 Electronic Communication versus traditional communication = 99
• 5.9 Conclusions and main findings = 99
• Six Analysis = 101
• 6.1 Introduction = 103
• 6.2 Present situation = 103
• 6.2.1 On-line communication : use and ambitions = 103
• 6.2.2 Electronic communication under case law = 106
• 6.3 Interplay between administrative law and civil law = 107
• 6.4 General versus detailed = 109
• 6.5 Rules on careful communication = 112
• 6.6 Electronic signatures = 117
• 6.7 Traditional versus electronic communication = 119
• Appendix 1 - Entwurf eines Dritten Gesetzes zur $$\ddot A$$nderung verwaltungsverfahrensrechtlicher Vorschriften(3. VwVf$$\ddot A$$ndG) = 125
• Appendix 2 - Bayrischer St$$\ddot a$$dtelag - Dienstanweisung zur Benutzung und Behandlung elektronischer Post "DA elektronische Post"(Muster) = 207
• About the authors = 221
• The IT&Law Series - List of titles = 225