The obligation to interact electronically with the Administration and its scarce guarantees

Main Article Content

Lorenzo Cotino Hueso

The new Law 39/2015 conceives the Administration by default as e-Administration and gives a twist to the obligation to interact electronically. With the new law, the administration has to be electronic by default and the consent of citizens is no longer required for the electronic relationship, although they have the right to choose and change the face-to-face or electronic channel, but this choice can be presumed. We have moved from the right to the obligation to communicate electronically with the administration, almost by default. We analyse the possibility of imposing the electronic relationship through regulatory standards under certain requirements and material budgets. However, neither the law nor the courts are demanding nor guaranteeing, against which the author relies on guarantees against possible discrimination or helplessness. Likewise, we analyse the fact that some collectives are obliged "in any case" by law to interact electronically and precisely all those obliged to the electronic relationship do not have the right to be assisted. Finally, we consider the consequences of the failure to comply with the duty to interact electronically, which has been regulated by Law 30/2015 in a very improvable way and with little guarantee.

Keywords
e-administration, digital rights, administrative Law, constitutional Law

Article Details

How to Cite
Cotino Hueso, Lorenzo. “The obligation to interact electronically with the Administration and its scarce guarantees”. IDP. Internet, Law and Politics E-Journal, no. 26, pp. 3-14, doi:10.7238/idp.v0i26.3112.
Author Biography

Lorenzo Cotino Hueso, Universidad de Valencia

Professor (accredited) and tenured lecturer of Constitutional Law at the Universitat de Valencia (3 six-year terms Aneca), Judge of the TSJ Comunidad Valenciana since 2000, member of the Consejo de Transparencia C. Valenciana. Doctor and graduate in Law (U. Valencia), Master in Fundamental Rights (ESADE, Barcelona), Graduate and Diploma in Advanced Studies in Political Science (UNED). He has received national research awards (INAP, Ministry of Defence, Ejército Extraordinario de Doctorado). Visiting professor at Konstanz (Germany) since 2004 and at various Colombian universities (Honorary Professor at Universidad Nacional de Colombia), and research stays also in Utrech and Virginia. He has written or edited 16 books, authored 110 scientific articles or book chapters and 205 papers or communications, basically on security and defence, educational rights, and has directed three national research projects on freedom on the Internet, e-Administration, transparency and participation and New Technologies Law. He coordinates the Network of specialists in new information and communication technologies law www.derechotics.com Res. ID H-3256-2015 / Orcid 0000-0003-2661-0010)