Suchergebnisse

Cette contribution montre que le principe de transparence, bien qu'il ait été consacré par l'entrée en vigueur de la LTrans en 2006, n'échappe pas à certaines limites, à l'instar des autres États ayant adopté une législation similaire. Si la culture du secret semble perdurer, ici comme ailleurs, le contexte spécifique de la Suisse, sert à expliquer pourquoi l'administration ne reçoit que peu de requêtes. D'abord, l'implication des organisations concernées dans les processus de réforme réduit quelque peu le besoin informationnel. Il en va de même concernant les nombreuses portes d'entrée et sources d'informations, liées à la particularité du système politique suisse (principe de concordance). De plus, le principe du fédéralisme « éloigne » en quelque sorte le citoyen, qui concentre ses intérêts au niveau local, où il est ainsi plus susceptible de déposer une requête d'accès à l'information.

This article exposes contemporary approaches to transparency and trust. It explores the links between the two concepts in 10 countries between 2007 and 2014, using open data indexes and access to information requests as proxies for transparency. So far, most studies have focused on conceptual models, specific aspects of transparency in particular case studies or have compared legal frameworks from different countries. Here, data about citizens' requests to get access to administrative documents have been gathered. This dataset, combined with existing indexes on open data and government, has enabled us to establish a national ranking, particularly useful in a comparative perspective. Data about trust have been collected from reports published by international organisations. Key findings prove that there is no sharp decline of trust in government in all countries considered in this article. They also tend to show that transparency and trust in government are not systematically positively associated. Therefore, this article challenges the common assumption, mostly found in the normative literature, about a positive interrelation between the two, where trust in government is conceived as a beneficial effect of administrative transparency. Finally, it suggests that mis(trust) may be considered a key driver of transparency and would as such call for more transparency from public bodies.

The enforcement of Access to Information laws is crucial to their effectiveness. Information commissioners, who enforce about one quarter of federal policies, are granted powers to help them execute their tasks. Many scholars argue that a commissioner should have the right to issue legally binding orders. However, we found that a commissioner with recommendation power is not necessarily less effective. This article argues that one must consider what binding decision power really means, whether the body uses it, and how the body uses its other powers and fulfills its tasks before declaring that binding decision power is the ultimate enforcement tool.

This paper investigates the complex relationship between transparency and trust. If trust in government is most of the time regarded as a positive effect of transparency, it should also be considered as a factor influencing citizens' perceptions of transparency, and not only as a result of transparency measures. Moreover, the principles underpinning transparency policies, especially accountability and trust, have not been widely tested empirically yet. This article proposes some paths of research regarding the effect of administrative transparency on citizens' trust in government in the Swiss context.

Abstract
What factors impede "Access to Information (ATI)" laws — or make them effective? Drawing on international experience and analyses of ten different countries, Holsen and Pasquier describe and analyze several different forms of ATI implementation. Factors considered include the oversight bodies' powers, independence, resources, and leadership. Special consideration is given to appeals processes and types of enforcement. In this context, the benefits of the "Information Commissioner" model have been found to outweigh its drawbacks.

Abstract
What factors impede "Access to Information (ATI)" laws — or make them effective? Drawing on international experience and analyses of ten different countries, Holsen and Pasquier describe and analyze several different forms of ATI implementation. Factors considered include the oversight bodies' powers, independence, resources, and leadership. Special consideration is given to appeals processes and types of enforcement. In this context, the benefits of the "Information Commissioner" model have been found to outweigh its drawbacks.

More than 80 access to information (ATI) laws exist worldwide. Their primary objectives are to increase transparency and accountability in government. Given the similarity in the components of ATI laws across countries, one could expect per capita usage of the laws to be roughly similar. However, comparing the number of requests in seven countries, we found that far fewer requests are being made in Switzerland and Germany than in Canada, Ireland, Mexico, India, and the UK and that, in contrast to these five, the number is not increasing. Drawing on 28 semi-structured interviews with experts on the Swiss Law on Transparency (LTrans) and German FOI Law (IFG), we offer three primary explanations for the low use of the laws. The first is that few people are aware of the law in either country as a consequence of little promotion of the laws. The second is that people might have more interest in information held at the state or local level than at the federal level. The third is that other avenues to information in Switzerland reduce interest in using the LTrans and a culture of " amtsgeheimnis", or official secrecy, in Germany inhibits the administration from willingly disclosing information. We examine these hypotheses against the situation in the UK, where awareness of the FOI law is known to be high and the number of requests is high and has been on the rise for the past four years.

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