Electronic administrative decision-making: between reality and expectations (a comparative analytical legal study)

Abstract

Abstract: The electronic administrative decision represents one of the most prominent manifestations of digital transformation in modern administration, as it constitutes an extension of administrative will within a digital environment aimed at achieving speed, efficiency, and transparency in the adoption and implementation of decisions. The comparative analytical legal study focuses on deconstructing the concept of the electronic administrative decision and distinguishing it from the traditional administrative decision in terms of form, technical means, and its impact on ensuring the legality of administrative procedures and their compliance with the principles of public law. The study highlights the actual use of electronic administrative decisions across various legal systems, with particular emphasis on the Egyptian, Iraqi, and French experiences. It analyzes the applicable legislation, such as electronic transactions laws, electronic signature systems, and the regulatory frameworks governing the issuance, publication, and monitoring of digital administrative decisions. Furthermore, the study examines the technical mechanisms that ensure awareness of electronic decisions and the means of guaranteeing their legal enforceability, while addressing the distinctions between individual and regulatory decisions in terms of binding effect, impact on stakeholders, and the certainty of knowledge. © 2023 TUJR, College of Law, Tikrit University