Paper/Speech Details of Conference Program for the 31st NISPAcee Annual Conference Program Overview WG9: The Rule of Law & Public Administration Author(s) Bartosz Wilk University of Warsaw Warsaw Poland Title Is re-use of public sector information a success story? Challenges of implementing EU directives and functioning of re-use on the example of Poland File Paper files are available only for conference participants, please login first. Presenter Bartosz Wilk Abstract The European Union has been adopting regulations regarding the re-use of public sector information for years. The history of regulation began with Directive 2003/98/EC, which was significantly changed in the course of the following years. The next step was the adoption of Directive 2013/37/EU. Finally, Directive 2019/1024 of 20 June 2019 on open data and the re-use of public sector information is now in force. The adoption of the directive at the EU level required its implementation by the Member States. In Poland, the re-use procedure has been regulated since December 29, 2011. Initially, the regulation was included in the Act on Access to Public Information. Then, the Act of February 25, 2016 on the re-use of public sector information was adopted. The latest directive in Poland was implemented in the Act of August 11, 2021 on open data and re-use of public sector information. The multitude of regulations adopted over the years naturally leads to reflection on whether both the EU regulations and the implementation in the national legal order have had a positive impact on the re-use of public sector information and whether they support the scope of open data. The research questions that will be explored in the proposed paper are as follows: 1) Have the regulations on re-use and open data had a positive impact on the scope of transparency? If so, in what way? 2) What challenges are associated with the implementation of the re-use directive in Poland? 3) Has the adoption of new directives (amending directives) and the related change in national law influenced the level of transparency in Poland? In addition, the author intends to verify the following research hypotheses (expressed on the basis of the analyses carried out by the author so far): - Despite the adoption of new legal acts in Poland regarding re-use, the existing problems with the application of these regulations have not been resolved (e.g. the scope of re-use) - Re-use is used in Poland in a marginal way (especially when compared to "general" access to public information, - The practice of administrative courts leads to doubts as to whether the broad approach to re-use, regulated in EU law, has become a fact in Polish reality. The following research methodology will be used in the proposed paper: - empirical study of the jurisprudence of administrative courts (all judgments of Polish administrative courts that concerned the act), issued since 2012 (re-use in Poland), with particular emphasis on the period from 2016 (in connection with the implementation of Directive 2013/37/ EU), - empirical study of the practice of using re-use in ministries, the Chancellery of the Prime Minister and the Central Statistical Office (based on FOI request and analysis of secondary data) The indicated analyses are aimed at diagnosing the barrier in the functioning of re-use in Poland and determining whether the re-use procedure is often used by authorized entities.
