2021/2161(INL) | [ParlTrack]

Motion for a resolution
Citation − a (new)

−a having regard to Directive (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022 on measures for a high common level of cybersecurity across the Union;

Amendment 10 #

Motion for a resolution
Recital D a (new)

Da. whereas it is necessary to simplify the EU’s cumbersome administrative rules and procedures and to prioritise measures to improve the efficiency, transparency and accessibility of administration at European level in order to ensure proper observance of the public’s right to good administration,

Amendment 11 #

Motion for a resolution
Recital E a (new)

Ea. whereas the Union must be transparent and accountable to its citizens in its actions; whereas digital technologies can be used as a tool to make information in the EU available to citizens in a more accessible manner, as exemplified by the use of artificial intelligence to provide answers to citizens’ questions;

Amendment 12 #

Motion for a resolution
Recital E a (new)

Ea. whereas, according to statistics for Europe as a whole, citizens often face problems of operational inconsistency and administrative burden costs in relation to the European institutions1a; _________________ 1a https://www.europarl.europa.eu/cmsdata/ 150700/consultation-eu-law-summary- report.pdf

Amendment 13 #

Motion for a resolution
Recital E b (new)

Eb. whereas the general perception of European citizens on the functioning of the EU administration and the evaluation of their direct experiences shows there is room for improvement; whereas a considerable percentage of Europeans consider that lengthy procedures, the difficulty of identifying and accessing information and the quality of responses received in their interaction with the institutions are problematic issues1b; _________________ 1b https://www.europarl.europa.eu/cmsdata/ 150700/consultation-eu-law-summary- report.pdf

Amendment 14 #

Motion for a resolution
Recital H

H. whereas, taking into account the recommendations of the Group of States against corruption (GRECO) of the Council of Europe, a clear, reliable, accessible and binding set of rules for the Union’s administration would be a positive signal in the fight against corruption in public administrations;

Amendment 15 #

Motion for a resolution
Recital J

J. whereas that call is based on J. detailed impact assessments inter alia quantifying the cost of administrative procedures; whereas the 2018 impact assessment found that fragmentation in administrative procedures across EU institutions and bodies negatively impacts EU openness, efficiency and independence and concluded that negative impacts are likely to worsen with the transition towards digitalised administration; whereas when presenting the proposal the Commission should also present an impact assessment, taking into account the needs of European citizens and European businesses, and particularly small and medium-sized enterprises;

Amendment 16 #

Motion for a resolution
Recital K

K. whereas Parliament engaged in public consultation with regard to the need to establish the European law on administrative procedure, whereby 76% of respondents supported taking additional measures at Union level to enhance and simplify Union administrative procedures, noted improving efficiency and transparency among the top reasons for EU intervention and identified operational incoherence and the administrative burden costs among the most problematic issues; whereas the Commission should further launch adequate public consultation in 2023 with all relevant actors, and should in particular make use of the special knowledge and expertise of the European Ombudsman, since it is to the European Ombudsman that public complaints about abuses within the bodies and institutions of the Union are made;

Amendment 17 #

Motion for a resolution
Recital K

Amendment 18 #

Motion for a resolution
Recital L

L. whereas consultations with academia, practitioners and the legal community were undertaken by the Parliament in preparation of its 2016 resolution for an open, efficient and independent European Union administration; whereas, in its follow-up adopted on 24 April 2013 to the Parliament’s resolution of 15 January 2013, the Commission stated that it would launch a detailed stocktaking of the existing body of EU administrative law and of possible shortcomings across all of the institutions, that it would assess the approaches taken to these issues in the Member States and would consult academia, practitioners and the legal community in order to carry out an in- depth analysis of all aspects of the issue; whereas ten years later, the Commission has yet to inform the Parliament about the results of the announced stocktaking and in-depth analysis; whereas the Commission should deliver such stocktaking, and should further launch adequate and regular public consultation with all relevant actors, and should in particular make use of the special knowledge and expertise of the European Ombudsman, since it is to the European Ombudsman that public complaints about abuses within the bodies and institutions of the Union are made;

Amendment 19 #

Motion for a resolution
Recital P

P. whereas the fragmentation of the relevant legal frameworks between the Union’s administration leads to significant duplication of efforts as regards establishing and maintaining internal rules as well as non-interoperable administrative practices; whereas, for Union citizens, the diversity of these rules increases the risks of misunderstanding, misinterpreting and non-compliance, while implying higher costs for people businesses and EU institutions in the form of lost time and resources; whereas the negative consequences of the current regulatory gaps are likely to worsen over time due to increased digitalisation and the growing number of EU agencies; whereas establishing a basic and general reference framework of European law on administrative procedure for the Union’s administration would create an administrative environment with uniform principles, standardised rules and implemented best practices, whereas that does not preclude the existence of sector- specific rules as it is also known at national level; whereas, moreover, laying down European law on administrative procedure is consistent with the requirement to act with due respect for the autonomy or competences of each Union institution and body, which will remain fully in place;

Amendment 2 #

Motion for a resolution
Citation −

− having regard to the survey commissioned by the Swedish Government from the Swedish Agency for Public Management on the principles of good administration in the Member States of the European Union,deleted

Amendment 20 #

Motion for a resolution
Recital P a (new)

Pa. whereas the necessity of a ensuring open, accountable European Administrations at the service of citizens, justifies the costs of achieving that goal;

Amendment 21 #

Motion for a resolution
Recital Q

Q. whereas with the advance of technology and the digitalisation efforts required on the part of the Member States, including with regard to their public administration and services, similar digitalisation efforts have been undertaken by Union’s administration; whereas the Union’s administration increasingly does not operate as a separate entity but interconnects with national public administrations in order to serve citizens; whereas the lack of interoperability between public services can increase bureaucracy and create additional burdens for citizens;

Amendment 22 #

Motion for a resolution
Recital Q a (new)

Qa. whereas various Member States are trying new ways to modernize their public administrations; whereas there is a need for stronger coordination of these efforts, notably by sharing of best practices and scaling up at EU level;

Amendment 23 #

Motion for a resolution
Recital S

S. whereas the case law of the Court of Justice has developed well-established procedural principles which apply to Member States' procedures in Union matters and which should a fortiori apply to direct administration by the Union; whereas it can be expected that the case law of the Court of Justice will soon develop further to cover phenomena related to the development of digitalisation in administrative procedures, ~~such as automated decision-making~~and in judicial procedures having administrative effects;

Amendment 24 #

Motion for a resolution
Recital T

T. whereas, the European Declaration on Digital Rights and Principles for the Digital Decade proclaims digital principles for the purpose of serving all Europeans, and whereas that Declaration responds to calls from the European Parliament for the EU’s approach to digital transformation to fully respect fundamental rights, including data protection rules and equal treatment, as well as principles such as technological and network neutrality and inclusiveness, but also to strengthen digital skills and competences and promote a high- performing digital education ecosystem;

Amendment 25 #

Motion for a resolution
Recital U

U. whereas, in the 2030 Digital Compass, the Commission set for the Union a vision for a digitally transformed Europe of 2030 in line with European values; whereas the “Path to the Digital Decade” is aimed at further reinforcing digital leadership and empowering citizens and businesses, thus making the digital transformation the engine of sustainable economic growth, and social well-being in Europe, which should be achieved, inter alia, by building up digital skills and competences for the workforce to enable them to fully participate in the digital economy and by digitalising public services, and by making them more efficient and easy to use to the benefit of everyone in our society; whereas there is a need to invest at EU and national level in ensuring that all citizens have the necessary digital skills and literacy to take advantage of the digital public services available;

Amendment 26 #

Motion for a resolution
Recital U a (new)

Ua. whereas all digital solutions should take into consideration the needs of specific groups of citizens, such as the elderly or persons with disabilities in view of the goal of making digital public services accessible to all citizens;

Amendment 27 #

Motion for a resolution
Recital W

W. whereas the development of new technologies, such as artificial intelligence and automated decision making systems (ADMSs), can play an important role in the modernisation and improvement of the functioning of public administration provided that the technologies used have a high degree of reliability and of trustworthiness; whereas the possibility of recourse to such new technologies by public administration, including the Union’s administration, should, however, be limited by the principle of legality and the need to ensure the respect for citizens’ rights; whereas use of new technologies, such as AI and ADMSs may pose specific problems for the principle of good administration and right to legal review and therefore requires particular analysis with regard to elements such as transparency, accountability, compliance and non-discrimination, by addressing the risk of algorithmic bias;

Amendment 28 #

Motion for a resolution
Recital W

Amendment 29 #

Motion for a resolution
Recital W

W. whereas the development of new technologies, such as artificial intelligence and automated decision making systems (ADMSs), can play an important role in the modernisation and improvement of the functioning of public administration provided that the technologies used are human-centered and have a high degree of reliability and of trustworthiness; whereas the possibility of recourse to such new technologies by public administration, including the Union’s administration, should, however, be limited by the principle of legality and the need to ensure the respect for citizens’ rights; whereas use of new technologies, such as AI and ADMSs may pose specific problems for the principle of good administration and right to legal review and therefore requires particular analysis with regard to elements such as transparency, accountability, compliance and non-discrimination, in particular by addressing the risk of algorithmic bias;

Amendment 3 #

Motion for a resolution
Citation −

− having regard to the study conducted by the Danish Government from the Danish Digitalisation Agency (digitaliseringsstyrelsen) on the principles of good use of fundamental data in implementation of digitalised public administration services,deleted

Amendment 30 #

Motion for a resolution
Recital X

X. whereas the risks of using artificial intelligence and machine learning, in particular in the context of the Union’s administration where a significant power gap can exist between citizens and the administration, should be acknowledged; whereas therefore the use of machine learning by the Union’s administration should be limited to the collection, organisation, structuring, conversion, combination and adaptation of data, such as optical character recognition, object recognition or speech-to-text;

Amendment 31 #

Motion for a resolution
Recital X

X. whereas the risks of using artificial intelligence and machine learning, in particular in the context of the Union’s administration where a significant power gap can exist between citizens and the administration, should be acknowledged; whereas therefore the use of machine learning by the Union’s administration should priorily aim at improving the efficiency of administrative services and at alleviating the workload of the administration staff, and should be limited to the collection, organisation, structuring, conversion, combination and adaptation of data, such as optical character recognition, object recognition or speech- to-text;

Amendment 32 #

Motion for a resolution
Recital Y

Y. whereas in 2022 the European Law Insitute presented a report with Model Rules on Impact Assessment of Algorithmic Decision-Making Systems Used by Public Administration, where the model rules are proposed when such algorithmic decision making systems make a decision or support human decision- making - that is a determination by a human-led public authority (including at Union level) to take or not to take action - that is likely to have significant impacts on the public15 ; _________________ 15 https://www.europeanlawinstitute.eu/filead min/user_upload/p_eli/Publications/ELI_M odel_Rules_on_Impact_Assessment_of_A DMSs_Used_by_Public_Administration.pd f

Amendment 33 #

Motion for a resolution
Recital Z

Z. whereas in the past, software developed for the purposes of public administration has often been closed- source, meaning that despite paying for it, citizens cannot audit or reuse the code; whereas it is worth recognising that the Union’s administration develops, publishes and uses open-source code for software, which contributes to the fulfilment of the ‘public money - public code’ principle; whereas this principle promotes reuse and improvement of existing code to bring down the costs of developing software and hence the cost of digitalisation; whereas therefore the use of open-source software by the Union’s administration should be continuously encouraged16 ; _________________ 16 https://commission.europa.eu/about- european-commission/departments-and- executive-agencies/informatics/open- source-software- strategy_en#opensourcesoftwarestrategydeleted

Amendment 34 #

Motion for a resolution
Recital Z

Z. whereas in the past, software developed for the purposes of public administration has often been closed- source, meaning that despite paying for it, citizens cannot audit or reuse the code; whereas it is worth recognising that the Union’s administration develops, publishes and uses open-source code for software, which contributes to the fulfilment of the ‘public money - public code’ principle; whereas this principle promotes reuse and improvement of existing code to bring down the costs of developing software and hence the cost of digitalisation; whereas therefore the use of open-source software by the Union’s administration should be continuously encouraged16 ; whereas the Union should, on the basis of its competences, strongly encourage Member States to follow this principle, for example, by making it a precondition for the use and granting of EU funds to develop digital solutions in the Member States; _________________ 16 https://commission.europa.eu/about- european-commission/departments-and- executive-agencies/informatics/open- source-software- strategy_en#opensourcesoftwarestrategy

Amendment 35 #

Motion for a resolution
Recital Z

Z. whereas in the past, software developed for the purposes of public administration has often been closed- source, meaning that despite paying for it, citizens cannot audit or reuse the code; whereas it is worth recognising that the Union’s administration develops, publishes and uses open-source code for software, which contributes to the fulfilment of the ‘public money - public code’ principle; whereas this principle promotes reuse and improvement of existing code ~~to bring down the costs of developing software and hence the cost of digitalisation~~; whereas therefore the use of open-source software by the Union’s administration16 should be continuously encouraged16; _________________ 16 https://commission.europa.eu/about- european-commission/departments-and- executive-agencies/informatics/open- source-software- strategy_en#opensourcesoftwarestrategy

Amendment 36 #

Motion for a resolution
Recital AA

AA. whereas access to digital administration services for Union citizens is affected by factors such as age, skills and literacy, confidence or willingness to embrace technological solutions; whereas therefore the Union’s administration should take this into consideration when developing digital solutions for services it provides in order not to lose citizens’ trust and to allow citizens to adjust to the existence of the digital service; whereas online and offline assistance to citizens in the use of digital public services should be available;

Amendment 37 #

Motion for a resolution
Recital AA

AA. whereas access to digital administration services for Union citizens is affected by factors such as age, confidence or, willingness to embrace or having the resources to access technological solutions; whereas therefore the Union’s administration should take this into consideration when developing digital solutions for services it provides in order not to lose citizens’ trust, not to create a digital divide and to allow citizens to adjust to the existence of the digital service;

Amendment 38 #

Motion for a resolution
Recital AA

AA. whereas access to digital administration services for Union citizens is affected by factors such as age, financial situation, geographical location, technical knowledge, confidence or willingness to embrace technological solutions; whereas therefore the Union’s administration should take this into consideration when developing digital solutions for services it provides in order not to lose citizens’ trust and to allow citizens to adjust to the existence of the digital service;

Amendment 39 #

Motion for a resolution
Recital AA

AA. whereas access to digital administration services for Union citizens is affected by factors such as age, confidence, digital skills or willingness to embrace technological solutions as well as access to the internet and to technologies; whereas therefore the Union’s administration should take this into consideration when developing digital solutions for services it provides in order not to lose citizens’ trust and to allow citizens to adjust to the existence of the digital service;

Amendment 4 #

Motion for a resolution
Citation −

− having regard to the briefing notes presented at the Conference on EU administrative law organised by the Policy Department of Parliament's Committee on Legal Affairs and the University of León (León, 27-28 April 2011)7 , _________________ 7 http://www.europarl.europa.eu/committee s/en/juri/studiesdownload.html?language Document=EN&file=59983.deleted

Amendment 40 #

Motion for a resolution
Recital AA

AA. whereas access to digital administration services for Union citizens is affected by factors such as age, ~~confidence~~disability, confidence, economic means or willingness to embrace technological solutions; whereas therefore the Union’s administration should take this into consideration when developing digital solutions for services it provides in order not to lose citizens’ trust and to allow citizens to adjust to the existence of the digital service, in order to bridge the digital divide;

Amendment 41 #

Motion for a resolution
Recital AA a (new)

AAa. whereas pilot projects can be an important tool to experiment in a secure manner with more innovative digital solutions;

Amendment 42 #

Motion for a resolution
Recital AB

AB. whereas the following principles for digital public services and administration have already been identified: (i) human-centric and accessible digital public services at all levels, (ii) the possibility for every person to engage in the creation and improvement of digital public services that are tailored to their needs and preferences, (iii) the ‘once only’ principle, namely that every person should submit their data or information only once when they are digitally interacting with public administrations across the Union, (iv) interoperability of digital services offered by the public sector such as digital identity solutions with data portability allowed across the Union, (v) wide-ranging engagement of and with people enabled by digital technologies and solutions and stimulation of the development of participatory initiatives at all levels, (vi) contribution of digital technologies and solutions to better levels of legal certainty, public security and safety;

Amendment 43 #

Motion for a resolution
Recital AB

AB. whereas the following principles for digital public services and administration have already been identified: ~~(i)~~ human-centric and accessible digital public services at all levels, (ii) the possibility for every person to e~~ngage i~~xpress their views on the creation and improvement of tailored digital public services ~~that are tailored to their needs and preferences,~~ (iii) the ‘once only’ principle, namely that every person should submit their data or information only once when they are digitally interacting with public administrations across the Union, (iv) interoperability of digital services offered by the public sector such as digital identity solutions with data portability allowed across the Union, (v) wide-ranging engagement of and with people enabled by digital technologies and solutions and stimulation of the development of participatory initiatives at all levels, (vi) contribution of digital technologies and solutions to better levels of public security and safety;

Amendment 44 #

Motion for a resolution
Recital AB a (new)

ABa. whereas the European Commission announces its priorities at the begining of each legislative term; whereas the European Parliament has repeatedly called for the issue of administrative law to be addressed, therefore Parliament expects it to be included in the upcoming European Commission priorities for 2024-2029;

Amendment 45 #

Motion for a resolution
Paragraph 1

1. Considers that after 70 years of constant development of the Union’s public administration and 13 years since the entry into force of the Lisbon Treaty, which lays down the legal basis of Article 298 TFEU, there is no justification not to enshrine the principles of good administration in binding legislation, notably to make it fit with the digital age; ;

Amendment 46 #

Motion for a resolution
Paragraph 1 a (new)

1a. Considers that citizens’ rights such as right to good administration and right to access to documents, enshrined in the Charter of Fundamental Rights of the European Union, are not static but evolving, and that technological advancements such as digitalization should also lead to better and more effective realization of these rights.

Amendment 47 #

Motion for a resolution
Paragraph 4

4. Requests the Commission to ~~urgently~~ come forward with a legislative proposal, on the basis of Article 298 TFEU, for a regulation on an open, efficient and independent European Union administration to be included in its work programme ~~for the year 2024 so that the co-legislators can start their work on it immediately at the start of new legislative term~~; requests that the proposal follow the recommendations set out in the Annex hereto and invites the Commission to consider the proposal for a regulation annexed to its resolution of 9 June 2016 as a point of departure basis for the preparation of the requested proposal and to take into account the advancement of digitalisation and its impact on the Union’s administration and administrative procedure;

Amendment 48 #

Motion for a resolution
Paragraph 4

4. Requests the Commission to urgently come forward with a legislative proposal, on the basis of Article 298 TFEU, for a regulation on an open, efficient and independent European Union administration tso ~~be included in its work programme~~ that it can be adopted before the ~~year 2024 so that the co-legislators can start their work on it immediately at the start of~~second half of the new legislative term; requests that the proposal follow the recommendations set out in the Annex hereto and invites the Commission to consider the proposal for a regulation annexed to its resolution of 9 June 2016 as a point of departure ~~basis for the preparation of the requested proposal and~~, or to put forward a new proposal that is binding for Union institutions; requests the Commission to take into account the advancement of digitalisation and its impact on the Union’s administration and administrative procedure in the preparation of the requested proposal;

Amendment 49 #

Motion for a resolution
Paragraph 4 a (new)

4a. Considers that the requested proposal must take into account the progress made in the field of digitalisation and its impact on the administrative procedures of the Union’s administration;

Amendment 5 #

Motion for a resolution
Recital B

B. whereas the fundamental right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union, as a corollary of which every person is entitled to have his or her affairs handled impartially, fairly and within a reasonable timescale by the institutions, bodies, offices and agencies of the Union, has become legally binding as primary law;

Amendment 50 #

Motion for a resolution
Paragraph 4 b (new)

4b. Considers that the requested proposal must be consonant with the EU’s approach to the digital transformation, fully respect both fundamental rights - including data protection rules and equal treatment - and principles such as technological and network neutrality and inclusiveness, but must also bolster digital skills and competences and promote a high-performing digital education ecosystem;

Amendment 51 #

Motion for a resolution
Paragraph 5

~~5. Considers that the requested proposal does not have financial implications;~~deleted

Amendment 52 #

Motion for a resolution
Paragraph 5

5. Considers that the requested proposal does not have negative financial implications; as limited administrative costs caused by the implementation of the proposal would be hugely outweighed its benefits such as improved efficiency and cost savings to the EU administration and to the public;

Amendment 53 #

Motion for a resolution
Paragraph 5

5. Considers that the requested proposal ~~does not have~~has financial implications; calls on the European Commission to evaluate the costs in consultation with other union institutions;

Amendment 54 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point i

(i) the ‘'once only' principle’, namely that every person should submit their data or information only once when they are digitally interacting with the Union’'s administration~~, drawing in that respect also from the establishment of the European Digital Identity Wallet~~;

Amendment 55 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point i

Amendment 56 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point ii

(ii) interoperability of digital services offered by the Union’s administration, both between and within its institutions, bodies and agencies and as well with relevant Member States’ services;

Amendment 57 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point iii

(iii) contribution of digital technologies and solutions to higher levels of public security ~~and safety~~, safety and trust in EU institutions;

Amendment 58 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point iii

(iii) contribution of digital technologies and solutions to higher levels of legal certainty, public security and safety;

Amendment 59 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point iv

(iv) establishment of procedures and clarification of the use of digital technologies in the external communication of the Union’s administration, with the objectives of taking counter-measures to deal with existing gaps, increasing legal certainty, and ensuring that the number of cases of administrative injustice that are addressed increases ~~and breaking the cycle of mistrust~~;

Amendment 6 #

Motion for a resolution
Recital C

C. whereas in a Union under the rule of law it is necessary to ensure that procedural rights and obligations are always adequately defined, ~~develop~~updated and complied with, and harmonised; whereas citizens are entitled to e~~xpect~~njoy a high level of transparency, efficiency, responsiveness and swift execution from the Union’s institutions, bodies, offices and agencies, and they are also entitled to information on the options that exist for them to take further action in ~~the matter concerned~~matters that they refer to those institutions, bodies, offices and agencies;

Amendment 60 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point iv a (new)

(iva) the need to promote the sharing of best practices with and amongst Member States on the use of digital technologies in this context;

Amendment 61 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point iv b (new)

(ivb) the need to actively share digital technologies, including open-source code used to develop software, with and amongst Member States;

Amendment 62 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 1 – point iv c (new)

(ivc) the contribution of digital technologies to make the Union’s actions, including its legislation, more accessible and understandable to citizens;

Amendment 63 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point ii

~~(ii) every person should have the possibility of engaging in the creation and improvement of digital public services that are tailored to their needs and preferences;~~deleted

Amendment 64 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point ii

(ii) every person should have the possibility of engaging in the creation and improvement of digital public services that are tailored to their needs and preferences; this should be assured by having clear avenues for citizens to provide feedback related to any digital public services;

Amendment 65 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point ii

(ii) every person should have the possibility ~~of engaging i~~to express their views on the creation and improvement of tailored digital public services ~~that are tailored to their needs and preferences~~;

Amendment 66 #

(iii) analogue alternatives to digital services should always be ~~provided~~clearly offered to all users, and a human contact point should be available to help address any issues that may arise in the use of digital services by Union citizens;

Amendment 67 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point iii

(iii) analogue alternatives to digital services should always be provided, and a human contact point should be ~~available to help address any issues that may arise~~physically and remotely available to support citizens in the use of ~~digital~~these services ~~by Union citizens~~and help address any issues that may arise ;

Amendment 68 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point iii a (new)

(iiia) online tutorials should be made available to help citizens understand how to use digital public services and increase their overall skills and literacy in this context;

Amendment 69 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point iv

(iv) digital public services should be accessible for persons ~~with~~affected by the digital divide, be that in terms of access or use, in particular for persons who are elderly, vulnerable or have disabilities;.

Amendment 7 #

Motion for a resolution
Recital C

C. whereas in a Union under the rule of law it is necessary to ensure that procedural rights and obligations are always adequately defined, developed and complied with; whereas citizens are entitled to e~~xpect~~njoy a high level of transparency, fair treatment, efficiency, responsiveness and swift execution from the Union’s institutions, bodies, offices and agencies, and they are also entitled to information on the options that exist for them to take further action in the matter concerned;

Amendment 70 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point iv

(iv) digital public services should be accessible for persons with disabilities; to that aim, they should be developed in consultation with organizations representing persons with disabilities;

Amendment 71 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 2 – point v

(v) digital public services should also be accessible through a wide range of devices, supporting interconnectivity features;

Amendment 72 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point i

~~(i) the ‘public money - public code’ principle, namely that the source code of any software developed using public money should be made available to the public for study and reuse purposes;~~deleted

Amendment 73 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point ii

(ii) the privacy and security of users of digital public services should be protected, notably with regard to the protection of their personal data;

Amendment 74 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point ii

(ii) the privacy and security of users of digital public services should be protected; and ensured through systemic privacy-by- design;

Amendment 75 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point ii

(ii) the privacy, data and security of users of digital public services should be protected;

Amendment 76 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point ii a (new)

(iia) management should be responsible for cybersecurity within departments, and ensure all staff have recieved sufficient training;

Amendment 77 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point iii

(iii) ~~the right to err and~~ the right to rectification;

Amendment 78 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point iv

(iv) the right to an explanation, understood as the right to be given an individual explanation for an output of the algorithm and of the decision ~~reached~~-making process and the decision itself after algorithmic assessment;

Amendment 79 #

Motion for a resolution
Annex I – Recommendation 2 – paragraph 1 – point 3 – point iv a (new)

iv a) digital public services should be accessible in all official EU languages;

Amendment 8 #

Motion for a resolution
Recital D

D. whereas a~~n effici~~ transparent, efficient and independent Union administration is essential for the public interest and an excess - as well as a lack - of rules and procedures can lead to maladministration, failure to respect human rights, the applicable legislation or the principles of good administration, which may also ~~result~~be engendered from the existence of contradictory, flawed, inconsistent or unclear rules and procedures; whereas properly structured and consistent administrative procedures support both a~~n effici~~ transparent, efficient and independent administration and a proper enforcement of the fundamental right to good administration and have the added value of promoting transparency and accountability, thereby enhancing the Union’s legitimacy and increasing the confidence of citizens in the Union’s administration;

Amendment 80 #

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point i

(i) Union staff should be at the heart of the development process, as they have the best understanding of administrative procedures and edge-cases, namely problems or situations that only happen at the highest or lowest end of a range of possible values or in extreme situations; administration staff should therefore be consulted when developing digital tools for the administration, and should be duly trained to be able to use these tools in an efficient manner;

Amendment 81 #

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point i a (new)

(ia) (ii) Principles corresponding to Articles 20 and 21 of the Directive (EU) 2022/2555 of the European Parliament and the Council of 14 December 2022 and Article 26 of Regulation (EU) 2018/1725 of the European Parliament and the Council of 23 October 2018 should be adapted in order to provide a proactive approach, and measures should be taken to ensure that design and use of digital solutions supports respect for rule of law and citizens' rights such as the right to be represented and to be heard, as well as to clarify that the principle of accountability is an integrated part of Good Administration.

Amendment 82 #

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point ii

(ii) the development of in-house digital solutions that are essential for the deployment of the public service concerned should be considered; in the event of outsourcing, European companies should preferably be used;

Amendment 83 #

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point iii

(iii) when outsourcing, rather than having calls for proposals for monolithic mega-projects that only a few large companies are able to bid for, and that run a higher risk of being delayed and running over budget, public procurement procedures for the digitalisation of projects and processes should be subdivided into calls for proposals for smaller projects, in order to make digitalisation contracts more accessible to SMEs;

Amendment 84 #

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point iii

Amendment 85 #

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point iv

(iv) digitalisation should not be seen ~~solely~~ as a cost-cutting process: it is important to remember that effective digitalisation also requires investment both in technology and staff, particularly in their training;

Amendment 86 #

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point iv a (new)

(iva) Union staff should be provided with access to trainings on how to use the digital solutions that are deployed;

Amendment 87 #

Motion for a resolution
Annex I – Recommendation 3 – paragraph 1 – point vi a (new)

(via) experimentation through pilot projects should be promoted as a way to safely test innovations as well as to check for potential issues before implementing;

Amendment 9 #