Considerations on the legal framework of administrative acts in the era of digital public administration

Abstract

This paper examined the manifestation of administrative acts within the context of Public Administration in the digital age, aiming to assess the need for adaptations to its legal framework to ensure that the guarantees afforded to citizens – so vital to the constitutional legal order – continue to be upheld. To this end, the study investigated, through legislation and legal doctrine, the foundation for issuing electronic administrative acts, their characterization, and the analysis of compliance with their validity requirements in digital environments, which raise new issues deserving appropriate treatment, including on the legislative level. Particular attention was given to the exercise of administrative discretion with the use of artificial intelligence and the exponential increase in the volume of information and connections capable of supporting administrative decision-making with enhanced assistance. The study concludes that, especially in the case of predictive AI, it is impossible to replace the public agent's value judgment with the software's output. It underscores the need to preserve the human decision-making space, which is essential for ensuring that, in Digital Government, efficient and contemporary administration is harmonized with the rights of administrative citizenship.