Human rights in the digital era: between the concept of ethics, responsibility, and decision-making transparency in public administration
Human rights in the digital era: between the concept of ethics, responsibility, and decision-making transparency in public administration

Summary/Abstract: The paper addresses the perspective of shaping human rights in the context of the digital age and the conceptualisation of composite administrative procedures. These procedures are individualised through the continuous interaction between national authorities and existing European structures, as well as by contextualising the competences acquired as a result of the decision-making framework formed. On the one hand, this paper will address and substantiate the nuances we find in the applicability of composite administrative procedures, clarifying the dynamics between their implementation and the impact of the use of digital tools on the decision-making context. On the other hand, in the general architecture of the paper, we will investigate the general context and the causes that hinder the legal implementation of the laws governing the digital sphere, so that we will include notions of comparative law in terms of the tensions between the liability engaged at the level of the European Union and that engaged within the state in question, as well as the limits that a state will have in terms of judicial review in the assigned decision-making context. In fact, we will outline reform proposals that highlight the right to good administration, to applied ethics and to increased transparency in the decision-making process. It is nuanced that, in the digital context, the requirements for the applicability of legal norms, in correlation with the ethical ones related to the institution in question, form the foundation on which the concept of responsibility in public administration will be rebuilt. The novelty lies in the rigorous analysis of the interplay between the ethical and legal spheres within the complex decision-making process in public administration. It is imperative to differentiate between the ethical concepts of responsibility and those of compliance, starting from the argument that in the decision-making chain, there are fragmentations of assumed responsibility and that several individuals are indirectly involved. The paper argues that human rights cannot be protected solely through formal legal mechanisms but also through appropriation and the drafting of a guide to institutional ethics.

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