Fundamentos jurídicos de la Administración electrónica

Overview & Synopsis

The last decades have been characterized by an intense development of computer science and telematics. The use of these technologies within the public administration has produced a new form of work, known as electronic administration. This administration modality must be subject to a legal analysis. On the one hand, that requires a systematic and comprehensive approach, especially through the recognition of the principles that have to govern administrative action, such as the equivalence of supports, administrative efficiency, the equivalence of guarantees and interoperability between computer systems. On the other hand, the use of information and communication technologies implies important effects in traditional administrative law institutions, such as the administrative act and administrative procedure, which must be examined in accordance with this new context. The administrative act, which was previously presented only on paper and resulted from the direct intervention of a natural person, can now be broadcast electronically or through the automated action of a computer system. The administrative procedure, seen as an information exchange and production mechanism, can be used for a digital support, creating the opportunity for telematic interaction and for the automation of tasks, with important consequences for the structure of the procedure and procedural acts.