Katleen Janssen, The notion of public task
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Transcript Katleen Janssen, The notion of public task
The notion of public task
LAPSI Thematic Seminar: PSI and
competition law
Katleen Janssen
ICRI – K.U.Leuven
Public task in the PSI directive
•
Subject matter and scope
•
•
Documents the supply of which is an activity falling outside of the
public task (article 1.2(a))
Definitions
Re-use: the use ...for commercial or non-commercial purposes
other than the initial purpose within the public task for which the
documents were produced (article 2.4)
• Non-discrimination
•
If documents are re-used by a public sector body as input for its
commercial activities which fall outside the scope of its public
tasks, ...(article 10.2)
•
Public task in the PSI directive
Determines the application of the PSI directive (e.g.
against the INSPIRE directive)
Determines the applicability of competition/antitrust
law?
Dilemma of the public task
Providing accessible information to the citizens
Practical, financial, technical and intellectual accessibility
Providing information services on the market in
competition with the private sector
In a level playing field, under conditions of fair competition
Defining the public task
Positive or negative?
General or specific?
“What is in? What is out?”
General: still not clear
Specific: too restrictive
Depends on time, place, political opinion, societal
preferences etc.
No definition...
Alternative notion?
Defining the public task
Relationship with competition law
Directive refers to ‘services of general economic interest’
(recital 20), service in the public interest (article 11.2)
Can these be used?
Terms overlap, but are not the same
Terms are also unclear and under discussion
The notion of public task
How about not defining the public task?
If possible for a particular organisation: great!
Intermediate revisions will probably be necessary
Remaining grey zones
Procedure to handle problem cases?
Cf. other sectors, e.g. Public value test
Ex ante evaluation of new broadcasting service
Public value and economic impact is assessed
Involvement of separate sectoral body, competition authority
and public
Opportunities for PSI?
Thank you!
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