The Principle of Availability of Information

01-01-2006

The principle of availability of information is based on much more on mutual recognition than on uniformisation or harmonisation. As such it will doubtless suffer numerous difficulties of application .It presupposes an agreement between the ensemble of the parties on what information is, on how one should handle it, and on which usages the information prescribes. It presupposes also that the organisational and cultural forms of different competent agencies (of law enforcement) be of sufficient proximity in order to not need basic discussion on the power of each and in particular on the distinction between information and powers of judiciary police, on the one hand, between pertinent information in a procedure of right Anglo-Saxon and in a continental procedure, on the other hand. Which are the underlying issues of sovereignty, delegitimation and protection of fundamental rights that are possibly evoked by the principle of availability of information?

The principle of availability of information is based on much more on mutual recognition than on uniformisation or harmonisation. As such it will doubtless suffer numerous difficulties of application .It presupposes an agreement between the ensemble of the parties on what information is, on how one should handle it, and on which usages the information prescribes. It presupposes also that the organisational and cultural forms of different competent agencies (of law enforcement) be of sufficient proximity in order to not need basic discussion on the power of each and in particular on the distinction between information and powers of judiciary police, on the one hand, between pertinent information in a procedure of right Anglo-Saxon and in a continental procedure, on the other hand. Which are the underlying issues of sovereignty, delegitimation and protection of fundamental rights that are possibly evoked by the principle of availability of information?

Externý autor

Didier Bigo