Governance and Community Acquis in Practice: Aspects of the transposition of Directive 2003/98/EC on the reuse of public sector information into Romanian Law
Governance and Community Acquis in Practice: Aspects of the transposition of Directive 2003/98/EC on the reuse of public sector information into Romanian Law

Summary/Abstract: At the community level, Directive 2003/98/EC on the reuse of public sector information was enacted in order toinstitute the regulation framework for correct, proportionate and non-discriminating conditions on the reuse of EuropeanUnion public sector information, for both commercial and non-commercial purposes.Law no. 109/2007 regulates the legal framework for the reuse of documents possessed by public institutions, whichhave been created during their own public activity and which can subsequently be used for commercial and non-commercialpurposes, and it is not enforceable on means of mass information.Although Law no. 109/2007 on the reuse of information from public institutions represents a transposition ofDirective 2003/98/EC into Romanian law, which is revealed by legally defining “reuse” as the use of documents frompublic institutions by legal persons or private individuals, for commercial or non-commercial purposes, enactment of Law no.109/2007 generated controversial reactions from both civil society and the European Commission, which triggered themodification and completion of the law in 2008.The research conducted places emphasis on the European context of Law no. 109/2007 enactment, on the reuse ofinformation from public institutions, highlighting controversies regarding the transposition into Romanian Law of Directiveno. 2003/98/EC, as well as debates that gave rise to legislative suggestions with regard to the provisions in force of Law no.109/2007, modified and completed by Law no. 213/2008.

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