Naturaleza, concepto y régimen jurídico de la actuación administrativa automatizada.

Authors

  • I. MARTÍN DELGADO

Keywords:

Administration, automated administrative decisions, administrativebodies, administrative act, discretionary powers.

Abstract

The concept of automated administrative decision is defined under the Ley 11/2007, of 22nd of June, on electronic access for citizens to public services, as the «administrative decision produced by a duly programmed informational system without intervention of any person ineach singular case». As consequence, legal literature has defended the possibility ofovercoming the so called «theory on the administrative body» and to redefine the conceptof administrative act: the absence of human intervention in the adoption of administrativedecisions is not coherent with the dogmatic construction of both concepts. This article supports the maintenance of the classical concepts of administrative body and administrative act and, at the same time, analyses the changes in the legal regime of thea dministrative decisions adopted by a virtual machine.

Published

2009-12-04

Issue

Section

ADMINISTRATIVE REPORT OF SPAIN AND THE EUROPEAN UNION