Administrative law and administrative action in the „digital age” Cover Image
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Dreptul administrativ și acțiunea administrativă în „era digitală”
Administrative law and administrative action in the „digital age”

Author(s): Gabriel Manu
Subject(s): Constitutional Law
Published by: Uniunea Juriștilor din România
Keywords: digitization; administrative law; administrative act; administrative decision; public administration; collaborative action; participative democracy; electronic democracy; administrative algorithm;

Summary/Abstract: The transition to the „digital age” marks all areas, being impossible for the administrative action and the administrative law to be placed outside this phenomenon. In the context of the transformations regarding the progressive replacement of the unilateral character of the administrative action with models based on dialogue and consensus, as well as the transition from the representative democracy to the participative one, the generalization of the digital dialogue between the administration and the citizens is a way to promote new, collaborative forms of administrative action. These bring a more important involvement of the public in the elaboration of the administrative decision, including by redefining the practices of public consultations, carried out on more flexible, less rigid channels. The challenge of digitalization concerns to the same extent also the administrative law, a science that, under the pressure of this „tsunami”, is forced to undergo mutations in its foundations: the administrative act and the drafting process. The thesis of detaching the administrative decision from the human will, mainly supported by the lack of trust in man and the desire to eliminate the subjective elements which characterize its decisions, has become of present interest in the context of digitizing the administrative action, creating the context to investigate whether the subjective springs of the administrative decision may be totally removed, by replacing the classic model of formation of administrative will with the algorithmic one. Digitization also ensures the effective and equal access to the administrative contentious case law, by applying the theory of open data in the field of judgments, respecting the limitations on certain elements of the decisions (personal data) or the decisions themselves (for reasons of public safety/national security).

  • Issue Year: 2020
  • Issue No: 12
  • Page Range: 70-80
  • Page Count: 11
  • Language: Romanian