The European Commission is actively implementing a “legal openness” approach when it comes to the publication of its works, whether it be documents, data (including scientific data), software or publications from its own research centre. Amongst the EU institutions, the Commission is the largest “producer” of documents and data and has a rather long and systematic tradition of following a legal openness approach. While not being bound, strictly speaking, by EU directives addressed to Member States, it will generally align with the spirit of these EU directives when they are relevant to its own activities. In various cases, in the area of legal openness, the Commission goes beyond what the EU directives prescribe to public administrations in the Member States: this has been the case for the publication of its own scientific publications as well as for the open source licensing of software developed by its own staff or at its request. A signal has also already been sent that it will follow the same logic when it comes to artificial intelligence components developed internally or at the request of the Commission. Efforts have also been made to ensure that these policies would not remain mere declarations of intention but will effectively be implemented by the Commission staff; for that purpose, numerous practical guidelines and regular training are made available to help staff put these policies into practice.

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The Approach by the European Commission “Legal Openness—Do as You Preach!”

  • Jean-Paul Triaille

摘要

The European Commission is actively implementing a “legal openness” approach when it comes to the publication of its works, whether it be documents, data (including scientific data), software or publications from its own research centre. Amongst the EU institutions, the Commission is the largest “producer” of documents and data and has a rather long and systematic tradition of following a legal openness approach. While not being bound, strictly speaking, by EU directives addressed to Member States, it will generally align with the spirit of these EU directives when they are relevant to its own activities. In various cases, in the area of legal openness, the Commission goes beyond what the EU directives prescribe to public administrations in the Member States: this has been the case for the publication of its own scientific publications as well as for the open source licensing of software developed by its own staff or at its request. A signal has also already been sent that it will follow the same logic when it comes to artificial intelligence components developed internally or at the request of the Commission. Efforts have also been made to ensure that these policies would not remain mere declarations of intention but will effectively be implemented by the Commission staff; for that purpose, numerous practical guidelines and regular training are made available to help staff put these policies into practice.