2026-09-24T04:00:24Zhttps://iris.unica.it/oai/requestoai:iris.unica.it:11584/2665342022-10-15T19:22:35Zcom_11584_207615com_11584_111066col_11584_265854
Il procedimento amministrativo digitale:
la semplificazione al servizio dell’amministrazione e del cittadino
BIANCAREDDU, SILVIA
amministrazione
cittadini
digitale
procedimento
semplificazione
Settore IUS/10 - Diritto Amministrativo
This work focuses on a subject that has been of constant interest and continuing centrality
in the political agendas of different national legal systems: the procedural simplification
that can be ascribable to the species of interventions that belong to the broader genus of
the change of public administration’.
Since the ‘70s, the transformation of public administration, among other different
possibilities, chose the ambiguous and winding path of simplification. It has been taken
as a guiding principle for the entire legal system and as a prevailing logic for the process
of redesigning and restructuring the administrative organization and action.
Administrative simplification was a ‘fashionable’ topic in the ‘90s, and since then a
‘central block’ and ‘driving force’ of both EU and national public policies, thus becoming
a technical and cultural process for reforming administration. Its aim is ‘to give it a more
suitable shape that is tailored to the needs of society’ for which its services are indeed
intended.
The procedural simplification is a topic of overnational interest that in several
jurisdictions has been gradually occupying larger and larger spaces in the definition of
public policies, according to the shared view that the simplification of the regulatory and
administrative system is a fundamental condition for of socio-economic growth.
Thanks to the awareness of the notion of ‘administrative risk’, or rather, the sensitive
‘mutual dependence’ between political-administrative and economic system, as Borruso
noted in the preface to the European Commission Communication Europe 2020. A
strategy for smart, sustainable and inclusive growth, the administrative simplification
measures and, in particular, administrative procedures, have been dominating for a long
time the political, legal, economic and social debates.
Moreover, they are intended to occupy significant spaces in the near future, inasmuch as
they are directed to keep within a threshold of ‘tolerance’ the inevitable organizational
and functional complexity of an administration built on the principles of institutional
pluralism, subsidiarity, competence and specialization, indispensability journalistic
intervention, not to say of binding formalism.
By establishing itself as a legal and social requirement to guarantee an administrative
action that would be ‘simpler, more effective, more efficient and more economical’ for
citizens, and by changing its status from mere collective aspiration to legal claim, the
simplification of administrative procedures is an multi-faceted and poly-dimensional
objective that the national legislature has pursued through different strategic actions,
among which, the computerization process has been taking a central role.
Not surprisingly, the development of digital administration has been considered by many
as the most effective tool to simplify administrative action and respond to the issue of
procedural complication. It has been sees as a process of ‘review of the administrative
structures and their organizational links, [...] redefinition of tasks and optimization of the
capacity for work in the offices, thus achieving a reduction of the steps and the time
required for the performance of administrative acting, which is what the simplification of
procedures consists of. A theme which, in the first instance, concerns the balance
between interests and principles.
Inevitable corollary to administrative impartiality, organizational structure and the
distribution of skills, the procedural complexity, which is questioned for the number of
its steps and intra-procedures activities, for the time taken to achieve them and the red
tape that affects citizens, it is a challenge to be answered, in general, through the use of
computerization and communication tools.
It is a challenge to be carried out with the accurate use of computerization and
communication technologies. First of all, as its digitization is able to give an adequate
response to the need to combine functional demands and requirements of simplification
and rebalance the relationship between the end-protection guarantee of the interest and
the duty of non-compression ‘effectiveness, efficiency and economy of action that is
traditionally made explicit while making the decision.
From this remark, the added value that the process of computerization has shown in the
policies of simplification can be understood precisely by evaluating in a negative way,
how, the simplification of the administrative proceedings ‘cannot be prosecuted by
dequotando (non so cosa vuol dire) and debunking the rules of procedure whose
positivization has represented a civilized procedural achievement. The extra value of the
process of computerization among the techniques of procedural simplification – we have
already said – is ‘integration’ between the principles of effectiveness, efficiency and
economy, of certainty of timing, transparency of administrative action; the ability to
overcome the limits that are connected to this principle and process of public
administration reform, summarized in the principle of ‘contradictory’, participation,
impartiality, and the necessary complete investigation; in the introduction of better modes
of interaction, enabling faster and more effective relationships with participants and a
greater guarantee of legal claims. In short, it consists of the ability to re-balance, at the
procedural level, the relationship between the needs of the function and the requirements
of guarantee of the action, often ‘unbalanced ‘ in favor of one or the other.
The ‘revolutionary’ aspect that we identify in the electronic administrative procedure is
actually the result of a process that first passes through the definition of new information
systems.
The object of technological revolution is indeed information.
The revolutionary aspect of computerization administration is the dynamic management
of information and the possible reality of interconnected information systems that are
integrated and shared, which does not mean less safe.
And the verbal synthesis of a technological simplified action is the digital administrative
proceedings .
The digital simplification of the administrative procedure is the product of different
methods of collection, use, access, transmission and communication of information, all
technology-based. And administrative digital procedure is nothing but a decision-making
process that takes advantage of the tools that technology puts at governments and citizens
disposal. ‘Neutral’ tools that the legislature adopts for political purposes aiming at
simplification and exercise of the rights. Tools that, precisely because they are neutral,
will act in terms of reducing procedural complexity according to the quantum assumed
while legislative determining, on the one hand, and enforcement by public authorities on
the other.
From this perspective we must look at the tools that legislators, Italian as well as
Spanish, have outlined in order to give the electronically processed work the same
effectiveness as the one carried out traditionally and in order to fulfill the obligation of
information management procedures: from the discipline of electronic documents and the
electronic signature, to the discipline of registering incoming and outgoing
communications through an automated system; from the rules of the communications of
documents between public administrations through the use of electronic mail to the rules
for the direct acquisition of data and documents in the digital archives of public
administrations; and again, to the provisions of a computer file, taken in the path as the
‘centerpiece of the new mode of conducting administrative proceedings’.
From this remark, the same computer file, created by national legislature as ‘informative
base’ needed for a contextual work and shared between different subjects, ‘fulfilled’ with
the expectations of simplification of the action and relationships, of the ‘right to be
known’ of action both on the domestic side as on the external side, suggests, of course, a
‘new’ management process, but it remains only in the domain of attempt to reform if not
accompanied by concrete implementation by individual administrations. It is their duty to
start the processes of re-organization in order to manage the ‘new’ procedure based on
shared information and transparent activities; on direct and immediate relationships; on a
different value of time and space; on a simpler, more effective, efficient and economical,
and at the same time, more able to guarantee rights and interests. The practical and proper
application of these tools remains responsibility of each administration, asked to face the
real challenge of procedural innovation.
The following research is based on this fundamental interpretation and its methodological
approach is developed, at first, starting from the acknowledgement of the legal category
of the administrative procedure, the reconstruction of the lines of development and legal
aspects that make of this administrative point as both action and organization, the place
and the best opportunity to study the topic.
Secondly, the working hypothesis is outlined. Starting from the construction of the
simplification of the administrative procedure as recognition of a ‘right’ balance between
complexity and simplicity of the action, the work continues by electing computerization
as a ‘form’ of simplification that is able to envisage a possible solution for the problem of
quality decision-making, resulting from the balance between the quantum and guarantees
of effectiveness and efficiency of the action.
In a third passage, we deal with the administrative digital proceedings, with particular
attention to the developments which, from different management information
mechanisms can derived in terms of modes of action that can develop horizontally,
network-like or shared among stakeholders of the exercise of power.
Finally, on the same lines, the work is enriched by the experience of the Spanish
structure, in order to strengthen the thoughts on digital simplification of the procedure
from a comparative perspective, which is always essential for the development of the
research.
From this point of view, the analysis of different time frequency of the stages of
computerization in the two systems is an important key. The comparative analysis,
despite showing an initial protagonism of the Italian legislator who, with the adoption of
Digital Administration Code, anticipated a correct vision of modernization and initiated
the ‘transformation’ of digital government, displays, in a second stage, a slowdown in the
process, whereas it has a reverse path in the Spanish system, which, after assimilating the
Italian model, proved able to proceed to the state of implementation with a more
sustained dynamism and in shorter time.
In the Spanish system what played an important role was the ‘codification’ of the
awareness of the need for a transition phase, in which the digital system coexisted side by
side with the paper-based system rather than automatically superseding it. This phase
based on flexibitly proved to be effective for the change in the administrative system.
First as a system of relations of public and private entities.
Precisely this relational paradigm, in the analysis that is proposed here, has been the core
of the thesis. This paradigm is both a thread of the investigation and the space where all
the different approaches and issues related to procedural matters converge.
The democratic nature of the administrative action, the implementation of the principles
of impartiality and the participation in the Administrative Procedure Law, the
introduction and the vindication of private sector criteria of efficiency, effectiveness and
economy of the public actions are the background to the conclusion that the procedural
simplification is primarily ‘simplification of the interaction’. All these elements also
frame the structural and functional reorganization that the digitization process requires,
and, at the same time, develops, in an eminently relational perspective; of a ‘new’ way of
building and developing inner relationships within the administration, between different
administrations and between them and the citizens.
2014-06-04
info:eu-repo/semantics/doctoralThesis
http://hdl.handle.net/11584/266534
ita
numberofpages:204
info:eu-repo/semantics/openAccess
Università degli Studi di Cagliari
license:Non specificato