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PAe - New Royal Decree for the work and functioning of the public sector by electronic means
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New Royal Decree for the work and functioning of the public sector by electronic means

31 march 2021

The regulation addresses the global regulation and unitary republic of the functioning of the public sector through electronic means both internally administrations as interadministrativas and with citizens and businesses.

The council of ministers has approved by Royal Decree, on the proposal of the ministries of economic and Digital Transformation and of Territorial policy and Public Role, Regulations and functioning of the public sector by electronic means (Opens in new window) , which addresses the global regulation and unitary republic of the functioning of the public sector through electronic means both internally administrations as interadministrativas and with citizens and businesses.

The Royal Decree (Opens in new window) in a unified regulations for the development of all aspects related to the performance and functioning of the public sector through electronic means under the header two laws in this area (law 39/2015, of 1 october, of Common Administrative Procedure of the public administrations and the law 40/2015, of 1 october, from The Legal Regime of the public Sector). This is the significant work of systematization and management, with a remarkable effort to simplify concepts technically complex.

The Regulation deepens in the target of a digital public Administration, modern, affordable and personal service to the needs of different groups. This Royal Decree consolidates the law relating to electronic services to citizens and enterprises, and encourages the use and benefits of digitization into the administration.

For example, will facilitate progress towards that citizenship do not have to provide information of the already available to the administration itself, it could consult the notifications in a Single notification and access to a Single point of information through the PAGe (access point electronic General).

The Regulation gives Spain the regulatory framework necessary to confront the serious challenges posed by the evolution of disruptive technologies, its application to the information management and implementation of public policies, new models of citizens and businesses with public administrations and reuse information.

Its entry into force on 2 april, will remove forever the overlap of different legal regimes and make available to citizens, companies and administrations basic regulatory development in a single text, thereby contributing to the legal certainty, which is one of the objectives of the rule.

With the adoption of this regulation marks one of the measures for the transformation of the public sector digital Agenda 2025 and Digital Spain with one of the reforms contemplated in the recovery Plan transformation and resilience to the first half of the year.

Spain has a very favourable position to address the digital processing and, as far as electronic administration, is located among the most advanced countries of the european union, thanks to the continued effort by public administrations, as reflected in the report DESI of the european commission.

Main objectives

This regulation has four main objectives: firstly, improving the efficiency of the electronic administration. It facilitates the right of citizens to interact electronically with public administrations; compulsory electronic relationship of legal persons and of certain categories of natural persons; and the electronic procedure of the procedures as normal performance of public administrations.

The Administrations will have an electronic repository of files that correspond to procedures completed and all notifications shall be made by electronic means other than physical persons that are not required to be notified, electronically.

The second objective is that both the internal electronic operation of the administration and the relations of the Public Administrations to each other is done electronically. This implies interoperability as a basic principle, to determine the conditions and instruments, electronic headquarters as well as use of signature or seal verification code, and own systems of electronic signature.

The third objective is to increase the transparency of administrative action and the participation of people in E-government. Thus, the operation of electronic Access (PAGe), and the folder In the Public Sector. It also regulates the content and the minimum services to provide for electronic headquarters and electronic headquarters associated and functioning of the electronic registers.

Fourthly, digital services easily usable and accessible so as to ensure that the relationship of the person concerned with the administration is easy, intuitive and effectively when using the electronic channel.

Positive impacts

The regulations and functioning of the public sector through electronic means to increase legal certainty and predictability of the performance of Public Administrations, contributing to improved service to citizens, the institutional image of Spain and confidence.

The Royal Decree also promotes equal opportunities, non-discrimination and universal accessibility of persons with disabilities, given that the electronic media provide an alternative path of communication with the administration.

It also reinforces the defence of individual rights. It Is the case of the right to access fast, effective and efficient public services through electronic means; have a quality web services that are Useful and meet their needs; to receive a transparent and accurate information; and, at the same time, the right to preserve the privacy of citizens and their personal data.

The Regulation has a positive environmental impact by reducing the carbon footprint of the traditional processing used massively paper, the laser printing and logistics. This traditional processing, this Royal Decree proposes eliminating the role for the majority of the administrative processes, which makes it possible to eliminate the printing and logistics processes and their consequent environmental impact.

Original source of news (Opens in new window) (The Moncloa)

Original source of news (Opens in new window) (Ministry of economic and Digital Trasnformación)

Text of the Royal Decree (Opens in new window) by approving the regulations and functioning of the public sector through electronic means (BOE)

 

 

  • Citizen
  • Electronic services
  • Laws 39 and 40