barthelemyf
commented
4 years ago Proposed resolution
In general, the main challenge concerns the possibility for an organisation or a person to play different roles in a public service. To overcome this challenge, we would introduce the class Participation (which could be renamed "Role" for better clarity) together with the class org:Organisation to open the delivery of public services to different types of organisations. However, each public service needs to have one single competent authority identified. As a consequence, we would propose to see the term competent authority as an instance relation between the Role class and the Public Service class. In the specification, we will clearly indicate that this relation must exist for one single Organisation (having the role of Competent Authority).
As an alternative, it would also be possible to mention in the specification that the Competent Authority must be a Public Organisation.
Rationale
Following the CPOV reasoning, we propose for the extended model to have the following classes: Agent with Organisation as a sub-class and Business and Public Organisation as sub-classes of the second. The reason for not specifying further Organisation is to give the flexibility to Member States to indicate any type of organisation as an executant of an action. This fits also cases for which Public organisations are not legal entities (rare but existing). For instance, the Flemish Information Agency is not a legal entity but it is still providing services and considered as a Public Organisation. Please find the text from CPOV specification below (p15):
- Following substantial discussion , the CPOV provides a very general definition of a Public Organization as: any organization that is defined as being part of the public sector by a legal framework at any level.
- This is consistent with the more detailed definition of a “public sector body” as given in the directive PSI Directive : “the State, regional or local authorities, bodies governed by public law and associations formed by one or several such authorities or one or several such bodies governed by public law”. It further defines a body governed by public law as any body “(a) established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; and (b) having legal personality; and (c) financed, for the most part by the State, or regional or local authorities, or other bodies governed by public law; or subject to management supervision by those bodies; or having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities or by other bodies governed by public law”.
- In the RDF release of the CPOV, this class is bound to cv:PublicOrganization which is defined as a sub class of org:Organization. In some cases, albeit rare ones, a Public Organization may not be a legal entity, such as the Flemish Information Agency being recognised as a Public Organization, but not being a legal entity. Furthermore, the definition is considered sufficiently distinct that it is inappropriate to define cv:PublicOrganization as a sub class of org:FormalOrganization which may otherwise be considered natural. It is noteworthy in that context that cv:PublicOrganization is not defined as disjoint with org:FormalOrganization or any other class from any vocabulary.
Reading the definition of the "Competent Authority" it seems that not only public organizations may be involved. "....professional bodies, and those professional associations or other professional organisations...".
Is there a specific reason to connect "Competent Authority" to only Public Organisation and not to the broader new class "Organisation" that has been introduced?