Information on Land: Initiatives and Visions. Amsterdam, 1. December 2009 Dr. Helmut Auer Consultant. To my person: Lawyer and IT-expert Former judge and public prosecutor Former Director and Chief Information Officer of Federal Ministry of Justice (BMF), Austria
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Information on Land:Initiatives and Visions
Amsterdam, 1. December 2009
Dr. Helmut Auer
To my person:
The content of my speech is based on research of my own and presents my opinion as independent consultant.
My opinion may differ from that of the EULIS-Board, of the e-justice-project or any other project.
Information on Land – why ?
http://www.egov2009.se/wp-content/uploads/Ministerial-Declaration-on-eGovernment.pdfMinisterial Declaration on eGovernment, approved unanimously in Malmö,Sweden, on 18. November 2009
eGovernment (as defined by the Austrian Federal Chancellery)
Ministerial Declaration on eGovernment
“We recognise that eGovernment has not only become mainstream in national policies but has also reached beyond national boundaries to become an important enabler to deliver European-wide policy goals across different sectors, from justice to social security, to trading business services and beyond.”
“Joint Vision and Policy Priorities for 2015We aspire to a vision whereby European governments are recognised for being open, flexible and collaborative in their relations with citizens and businesses. They use eGovernment to increase their efficiency and effectiveness and to constantly improve public services in a way that caters for users’ different needs and maximises public value, thus supporting the transition of Europe to a leading knowledge-based economy.”
Ministerial Declaration on eGovernment (cont.)
“Mobility in the Single Market is reinforced by seamless eGovernment services
for the setting up and running of a business and for studying, working, residing
and retiring anywhere in the European Union
Our public administrations should therefore:
Cadastre - Land Book
Land Register and/or Land Administration consists of two areas:
Ad 1: In the “geographical world” facts/data are collected, mostly from nature, like coordinates of the boundaries of a parcel, the usage of land and so on, or data which is attached to the land by other authorities like the address or a postcode,
=> Cadastre 1)
Ad 2: “Legal”2) should express in short that rights between equal partners based on Civil Law are administered like ownership, mortgage or servitude
=> Land Book
1) Cadastre means in German/Austrian administrational language every systematic collection of data in form of a register or dictionary like wine cadastre, tax cadastre etc. So the correct term here would be “parcel cadastre”.
2) Larsson, G. uses the term “legal records” in Land Registration and Cadastral Systems: Tools for land information and management. Longman Scientific and Technical, Essex, England, ISBN 0-582-08952-2
FIG - International Federation of Surveyors
The commissions in short:
Vision Cadastre 2014 - Statements
1) The original text uses the term “Land Register”
Vision Cadastre 2014 - Statements
Vision Cadastre 2014
Vision Cadastre 2014 takes in account internationalization only considerating economies:
“The Cadastre and Land registry organizations of Europe will provide state of the art services to the Real Property and land information market within the e-government framework by co-operating in the building of national and European Spatial Data Infrastructures.”
The Cadastre and Land Registry organisations are committed to providing ‘state of the art services to the Real Property and land information market within the e-government framework by co-operating in the building of national and European Spatial Data Infrastructures’
Permanent Committee on Cadastre in the European Union
UNITED NATIONS – Economic Commission for Europe (UN-ECE)
COMMITTEE ON HUMAN SETTLEMENTS
Working Party on Land Administration
Council of Europe
Land registry (control over registration of transfer of property, of charges over immovable property)
In 2000 representatives of some European land books found that
The ideas realized by EULIS as solution for these problems were:
Main problems are not found within the EULIS system:
This all is time consuming and costly, has to be funded by the national land book.
Cooperation e-Justice - EULIS
should be done only once!
is a European legal act like INSPIRE which regulates the data structure and data specification of the land book plus common rules for the inspection of the data. In the future a harmonisation of the law of real property, of civil law will happen. The Treaty of Lisbon can be the basis for such a development.