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(Submission #428)
INSPIRE Directive and its regulatory development in each Member State of the European Union has made an important contribution to the legal proceedings, both administrative and extrajudicial and judicial. From our professional experience as lawyers specializing in administrative, technological and geospatial materials, the official geoinformation under regulatory standards INSPIRE represents considerable added value, a direct practical benefit and a tool of considerable utility in administrative and judicial proceedings. We would like to illustrate the added value of geo-information with the real example of a complex case and caused flooding that affected personal, material and moral damages to more than a dozen families and more than fifty people. The facts after physical alteration of lands began after an incorrect urbanization, which caused the accumulation of water next to the housing in a first rains. Despite allegations of flood risks presented by the homeowners, the local public administration did not adopt the technical and legal measures to prevent the overflow of water. Finally, after a second rain came flooding that devastated more than a dozen homes, with extensive material damage and personal and moral adults and minor damage. Geospatial aspect was crucial since the beginning of legal work, for it was essential to know as much detail as possible where the facts ("space") occurred, in order to clarify how it came natural catastrophe ("mode") and what caused ("damages"), to determine who should legally respond accordingly ("legal responsibility"). The matter is collected in over twenty two thousand pages, but we focus on the importance of geospatial data and services for the administrative processing and prosecution of this case, as an analytical tool and as a means of legally admissible and admissible evidence under INSPIRE Directive. The Court of Appeal acknowledged the "geospatial evidence" and after "the joint assessment of the abundant evidence produced in both instances" gave reason to injured owners. The Court concluded that the local administration was responsible and guilty for damages and ordered the council to pay compensation to the owners. In conclusion, the evaluation of the costs and benefits of implementing such a complex directive as INSPIRE Directive is very difficult because most of the benefits are intangible. However, it is incalculable benefit to have official geospatial resources in accordance with INSPIRE and reliable evidence that serve as evidence in legal proceedings (data and open services and full interoperability).
Topic Area: [2.3] Cost / Benefits of implementing INSPIRE Abstract Type: Oral Presentation
Comments: Legal cases, legal interoperability of geoinformation, added value, INSPIRE
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