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Schneider, Jens-Peter --- "Information exchange and its problems" [2017] ELECD 416; in Harlow, Carol; Leino, Päivi; della Cananea, Giacinto (eds), "Research Handbook on EU Administrative Law" (Edward Elgar Publishing, 2017) 81

Book Title: Research Handbook on EU Administrative Law

Editor(s): Harlow, Carol; Leino, Päivi; della Cananea, Giacinto

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784710675

Section: Chapter 4

Section Title: Information exchange and its problems

Author(s): Schneider, Jens-Peter

Number of pages: 32

Abstract/Description:

This chapter introduces information exchange as a major component of European composite administration (section 1). It argues that today a general framework is missing and that such a framework needs a systematic approach (section 2). Thus, the chapter develops four categories of information exchange (upon request, through structured cooperation mechanisms, spontaneous without prior request, through shared databases) and discusses information systems and information agencies as important technical and organizational infrastructures (section 3). Challenges for a legal framework follow from the specific problems of information exchange with regard to state secrets, individual rights and several accountability mechanisms (section 4). The European administrative space is characterized by the composite nature of many European administrative procedures and by an increasing number of European administrative bodies with members from various Member States and the EU. A major component of composite procedures and a major task of many composite administrative bodies like decentralized EU agencies, is the inter-administrative exchange of information. Information is exchanged vertically between authorities on national and EU levels as well as horizontally between different Member States. EU law and practice even establishes shared data resources in the form of databases into which EU and Member States' authorities enter data and which may be used by all participating authorities. The Treaty of Lisbon reflects the increasing importance of information exchange in Article 197(2) TFEU. The provision highlights facilitating the exchange of information as one possible action of the Union in order to support the efforts of Member States to improve their administrative capacity to implement Union law.