In March I wrote about the draft of the US Source Code Policy http://k7r.eu/us-government-commits-to-publish-publicly-financed-software-under-free-software-licenses/. Now it is finished and published here: https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m_16_21.pdf
We plan to use that in the next months as an example for European countries. That's why I would be interested in your view if a) we should recommend something similar in other European countries, and b) what should be changed.
Beside that, as I am not familiar with the political system in the US, maybe someone here can help me to answer them:
- Do I understand that correct that this is a "presidential memo"? - If so, it should soon also appear on https://www.whitehouse.gov/briefing-room/presidential-actions/presidential-memoranda, right? - Are presidential memos considered a bit less important than executive orders? - How binding are those presidential memos? E.g. what happens if an agency acts against it? - Do I understand correct that another president can invalidate such a presidential memo?
Thank you, Matthias
On 08/09/2016 06:49 AM, Matthias Kirschner wrote:
I am a layman with interest in US law, but as far as I know:
- Are presidential memos considered a bit less important than executive orders?
Not in terms of their legal power. Wikipedia states they are considered less prestigious, but does not back up that assertion.
- How binding are those presidential memos? E.g. what happens if an agency acts against it?
Whenever an officer of the federal government chooses to ignore an executive order or a similar instrument, they risk dismissal. After all, they are ignoring an order from their boss.
- Do I understand correct that another president can invalidate such a presidential memo?
Yes. Any future president can undo any past decision within the purview of the Executive branch.