Digital Inclusion in Greece
The roll-out of e-Government services is currently advancing well in Greece, which is a slow starter in the field of e-government, but moves now with fast steps ahead. The development of e-Governance presents many opportunities for society as well. One issue that deserves attention is the issue of the digital gap between "information haves" and "information have not". Bridging the digital divide would require a large amount of financial resources and a strategic plan aimed at increasing access to information and building knowledge infrastructure. Although there is no specific program to promote digital inclusion inGreece, the Government seems to take into account the need to address this issue.
The imperative to promote digital inclusion is enshrined in the Greek Constitution, which provides for the right to e-participation. In particular, Article 5A (2) of the Constitution states: "All persons shall be entitled to participate in the Information Society. The provision of the information, electronically handled, as well as the production, exchange and diffusion of such information constitutes an obligation of the State ".
This provision establishes, at first sight, an individual right to participation in the Information Society. In the case of restrictions of this right, it is imposed by legal or administrative acts which violate it, the rightholder may bring a claim against such restrictions. Furthermore, Article 5A (2) establishes a social right which lays down the obligation of the Greek State to take positive action in order to make equal and active access to the Information Society possible for all [1]. In this sense, it constitutes a legal basis for policies of digital inclusion, such as the funding of the purchase of equipment provided to low-income social groups, the establishment of community centers providing free use of ICT and access to the Internet and the implementation of ICT education programs. Generally speaking, this right is not an actable, because it does not provide the individual with a legal claim against the State, in case the latter fails to introduce digital inclusion policies. This lack of enforceability, however, is not a particular drawback of the right to e-participation, but a common feature of all social rights [2] .
However, the right to e-participation has certain aspects of actionability. In particular, if certain social groups are legally excluded from e-participation for reasons related to geographical, age or racial factors, then a legal claim is recognized. And, also, in this case, this right is legally recognized through a legal act laying down specific measures, ie benefits, such benefits can not be later totally abolished or unjustifiable diminished (the theory of the so-called 'social acquis').
Beyond the implementation of specific projects aiming at the promotion of digital inclusion, the institutionalization of the right to e-participation raises many questions. The basic commitment of the state is to offer e-Government services and this means that it has to make available online public sector information and more, implement e-Government projects to cover all or a major part of administrative procedures. But what is more important, access to the Internet should be made generally affordable for all citizens. This could be made possible by the inclusion of the Internet in the universal service in the sense of Directive 2002/22 / EC, ie the provision of a defined minimum set of services to all end-users at an affordable price.
It Is noteworthy That al Legislative Draft titled 'Participation-In the Information Society' [3] drafted by al group of Researchers unders the Aegis of the Hellenic European Constitutional Center, Includes al Provision for access-In public Electronic Communications Networks (Article 9) [4 ] . Under this act, the services and characteristics of the universal service as well as the cost principles shall be defined by the competent state authority. In particular, Internet access for the elderly, low-income, unemployed and disabled persons is to be made affordable in low prices, and the relevant charges are to be funded by the State.
As a conclusion, one would say that the existence of a constitutional norm referring to digital inclusion is very positive, but this norm remains unenforceable, as no legal act specifying it has yet been dopted. The value of this constitutional norm, however, should not be underestimated for this reason. On the contrary, the recognition of the constitutional level of the right to participation in the Information Society is essential for the formulation of government policies on digital inclusion.
The imperative to promote digital inclusion is enshrined in the Greek Constitution, which provides for the right to e-participation. In particular, Article 5A (2) of the Constitution states: "All persons shall be entitled to participate in the Information Society. The provision of the information, electronically handled, as well as the production, exchange and diffusion of such information constitutes an obligation of the State ".
This provision establishes, at first sight, an individual right to participation in the Information Society. In the case of restrictions of this right, it is imposed by legal or administrative acts which violate it, the rightholder may bring a claim against such restrictions. Furthermore, Article 5A (2) establishes a social right which lays down the obligation of the Greek State to take positive action in order to make equal and active access to the Information Society possible for all [1]. In this sense, it constitutes a legal basis for policies of digital inclusion, such as the funding of the purchase of equipment provided to low-income social groups, the establishment of community centers providing free use of ICT and access to the Internet and the implementation of ICT education programs. Generally speaking, this right is not an actable, because it does not provide the individual with a legal claim against the State, in case the latter fails to introduce digital inclusion policies. This lack of enforceability, however, is not a particular drawback of the right to e-participation, but a common feature of all social rights [2] .
However, the right to e-participation has certain aspects of actionability. In particular, if certain social groups are legally excluded from e-participation for reasons related to geographical, age or racial factors, then a legal claim is recognized. And, also, in this case, this right is legally recognized through a legal act laying down specific measures, ie benefits, such benefits can not be later totally abolished or unjustifiable diminished (the theory of the so-called 'social acquis').
Beyond the implementation of specific projects aiming at the promotion of digital inclusion, the institutionalization of the right to e-participation raises many questions. The basic commitment of the state is to offer e-Government services and this means that it has to make available online public sector information and more, implement e-Government projects to cover all or a major part of administrative procedures. But what is more important, access to the Internet should be made generally affordable for all citizens. This could be made possible by the inclusion of the Internet in the universal service in the sense of Directive 2002/22 / EC, ie the provision of a defined minimum set of services to all end-users at an affordable price.
It Is noteworthy That al Legislative Draft titled 'Participation-In the Information Society' [3] drafted by al group of Researchers unders the Aegis of the Hellenic European Constitutional Center, Includes al Provision for access-In public Electronic Communications Networks (Article 9) [4 ] . Under this act, the services and characteristics of the universal service as well as the cost principles shall be defined by the competent state authority. In particular, Internet access for the elderly, low-income, unemployed and disabled persons is to be made affordable in low prices, and the relevant charges are to be funded by the State.
As a conclusion, one would say that the existence of a constitutional norm referring to digital inclusion is very positive, but this norm remains unenforceable, as no legal act specifying it has yet been dopted. The value of this constitutional norm, however, should not be underestimated for this reason. On the contrary, the recognition of the constitutional level of the right to participation in the Information Society is essential for the formulation of government policies on digital inclusion.
[1] See L. Mitrou, 'The Right of Participation in the Information Society', in: Papachristou / Vidalis / Mitrou / Takis,The Right of Participation in the Information Society, ed. Sakkoulas 2006, 35 - 56 (in Greek); Ap. Papakonstantinou, 'The Constitutional Right of Participation in the Information Society',Revision of Public and Administrative Law, 2/2006, 233-242 (in Greek); X. Kontiadis,The New Constitutionalism and Fundamental Rights after the Constitutional Revision of 2001, ed. Ant. Sakkoulas 2002 (in Greek), 206.
[2] See I. Iglezakis, Social Stateof Law , Sakkoulas ed. 2005 (in English), 118-123.
[3] This draft law has not been submitted to the Hellenic Parliament.
[4] Papachristou / Vidalis / Mitrou / Takis,The right of participation in the Information Society, op. cit., 90.
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