La administración electrónica en las nuevas leyes de régimen jurídico y de procedimiento

Abstract

Recent Acts 39 and 40/2015 have changed the regulation of the administrative implications of ICTs. If the Law 11/2007 established the right of citizens to interact with Public Administrations electronically, and the consequent obligation to them to accommodate their structure and operation of this power, the new regulations determine instead that the relationship between Administration and citizens is preferably produced by such electronic means. Therefore introduces a mixed situation of right and duty, which can be imposed not only to individuals but to different groups of individuals and, tendentially, the entire public. This paper describes, from a critical perspective, the realization of this principle in the administrative procedure. To this end, we start with some of the necessary elements, such as the regulation of electronic office and identification systems for administrations and citizens. Later it is treated the development of the administrative procedure, paying special attention to its initiation at the request of stakeholders and the controversial system of electronic notifications. Additionally, the incidence of ICT is studied in the functioning of collegiate bodies of the Administration and concludes with a reference to the administrative organizations which are responsible for promoting the development of eGovernment, as well as the various mechanisms of intergovernmental cooperation, singularly the interoperability requirements of systems and the due reuse of computer applications.