Electronic administration: Brief reflection on a new administration model

Abstract

The article 14 of the Code of Administrative Procedure (CPA), approved by Decree-Law no. 4/2015, of January 7, is entitled "Principles applicable to electronic administration". This article comes with the approval of our new Code of Administrative Procedure and for the first time determines in paragraph 1 that the services of the Public Administration should, in the performance of their activity, use electronic means. It should be noted that in that provision the legislator uses the word ‘should' and not 'can'. This means that the Administration have no choice. The Public Administration is forced to use electronic means, unless it is not possible. The legislator establishes an obligation of facere, whose objectives are the greater efficiency and administrative transparency, as well as a greater approximation of the services to the population. Looking to article 14 of the CPA, we will try to elucidate a concept of Electronic Administration, to reflect about this new model of Administration and the principles that apply to it, as well as to verify if this new model of Public Administration serves the public interest.