This book brings together prominent administrative law scholars to discuss current administrative issues. It addresses how administrative law has adapted to the COVID-19 pandemic and how to develop emergency responses in future cases. The book also considers the digitization and electronification of administrative law; a topic that gained increasing importance during the pandemic and will increasingly shape public law in the future.
The Covid 19 pandemic has revealed the need to verify the existing principles of functioning of public authorities, in relation to various decision-making processes, both at the conceptual level and at law implementation. The action of the legislator and public administration towards the society and the economy is conducted using peculiar instruments to control the public administration system. These instruments are likely to be of a public or private law nature. This book takes a comparative approach to examine the issues related to digital transformation in the times of a pandemic regarding the use of public-law instruments in Poland and the wider European context. In particular, the research aims to identify what stage the development of digital solutions in the state's organization and its authorities has reached, including the organization of public administration; what the has pandemic changed. Exploring the concepts of digital transformation, pandemic and public-law instruments, it provides an analysis of European and national public-law instruments using digital solutions, security and cybersecurity during a pandemic, and concrete issues such as public administration, health protection and social security, economic activity and the system of public finances, and education during the pandemic is performed. Establishing whether particular solutions are durable and to what extent they create a certain standard of response to a threat, it makes recommendations for determining which of the existing solutions is useful for the functioning of the state and its organs and facilitates the performance of their tasks.
Available online: https://pub.norden.org/temanord2021-502/ The Nordic Council of Ministers has noted the call from the UN to take measures in order to secure the fundamental values of rule of law and democracy in relation to public digitalisation and to consider the growing influence of the tech industry on public administration in the digital welfare states. The shared Nordic values of democracy, rule of law and trust between citizens and authorities, should be carried further into the digital age. Therefore, the Nordic Council of Ministers has initiated a pilot project that identify relevant themes and initiatives on the basis of input and information from public authorities and supervisory bodies in Norway, Sweden, The Faeroe Islands, Finland and Denmark. The team behind the report assesses that there is a need to: - strengthen the exchange of knowledge regarding investigations, reflections and case law of supervisory bodies in the Nordic and Baltic countries - identify and analyse the legal framework related to constitutional law and human rights for public sector digitisation, and to evaluate whether present administrative law provides sufficient support for compliance within these parameters - study the effects of digitisation on governance, control and liability structures in the field of public administration, possibly including the court administration - investigate the direction of the legislative development, clarify the underlying considerations and interests and assess this development in light of the values of legal certainty and rule of law - integrate legal research as an element of projects related to public digitisation within Nordic research programmes The Nordic Council of Ministers will now consider how it can support using the opportunities offered by digitisation so that they safeguard the shared Nordic values.
Available online: https://pub.norden.org/temanord2024-503/ In this report leading researchers within law and digitalisation from Norway, Sweden, Finland, Latvia, Estonia, Lithuania, and Denmark present the fundamental characteristics of the digitalization of their national public administrations from a legal perspective. An important conclusion of the DigiLaw project is that the Nordic-Baltic countries possess different specialised expertise and experiences when it comes to public digitalisation, and from different angles and at various levels, all researchers recommend strengthening the Nordic-Baltic cooperation when it comes to sharing experiences and handling challenges related to public digitalization.
Available Open Access under CC-BY-NC licence. Exploring how justice is delivered at a time of rapid technological transformation, Justice in the Digital State exposes urgent issues surrounding the modernisation of courts and tribunals whilst examining the effects of technology on established systems. Case studies investigate the rise of crowdfunded judicial reviews, the digitalisation of tribunals and the rise of ‘agile’ methodologies in building administrative justice systems. Joe Tomlinson’s cutting-edge research offers an authoritative and much-needed guide for navigating through the challenges of digital disruption.
This study seeks to support a European Parliament legislative own-initiative report on digitalisation and administrative law (2021/2161(INL)) currently in preparation. The study investigates the state of play with regard to digitalisation, the use of digital tools in EU administrative law, and procedures to enhance good EU administration. The analysis identifies five regulatory gaps in the status quo that have negative consequences for society, including a lack of legal certainty and enforcement, a disproportionate burden on citizens, and a lack of awareness about administrative injustice. These consequences ultimately undermine the public's trust in public administration. To address the regulatory gaps identified, the study presents three possible EU-level policy options and assesses their potential added value: an administrative procedure regulation, an administrative activity regulation, and a non-binding code on digital EU administration. The study finds that EU action has the potential to promote the efficiency and effectiveness of the EU administration and enhance the fundamental right to good administration in the context of digitalisation and the use of digital tools. Moreover, regulatory action to introduce common EU rules on administrative procedure that are fit for the digital era could help deliver the benefits of the digital transformation for both the EU administration and society at large
The COVID-19 pandemic has had an enduring effect across the entire spectrum of law and policy, in areas ranging from health equity and racial justice, to constitutional law, the law of prisons, federal benefit programs, election law and much more. This collection provides a critical reflection on what changes the pandemic has already introduced, and what its legacy may be. Chapters evaluate how healthcare and government institutions have succeeded and failed during this global 'stress test,' and explore how the US and the world will move forward to ensure we are better prepared for future pandemics. This timely volume identifies the right questions to ask as we take stock of pandemic realities and provides guidance for the many stakeholders of COVID-19's legal legacy. This book is also available as Open Access on Cambridge Core.
Written by key names in the field, this book explores the impact of digitization and COVID-19 on justice in housing and special needs education. It analyses access to justice, offers recommendations for improvement and provides valuable insights into administrative justice from user perspectives.
This edited volume discusses digital transformation in the context of the COVID-19 pandemic. In the wake of the COVID-19 pandemic and the widespread lockdown policies that followed, digital technologies were touted as an effective means towards ensuring continuity and minimal interruption of day-to-day operations for businesses and other institutions. Digital transformation, however, is an inherently complex process and the pressure of short adoption times may further increase complexities for organizations looking to foster digital technologies. This volume comprises original research contributions on theoretical foundations and empirical studies of digital transformations in the pandemic era. Written by academics and practitioners from diverse disciplines and industries, the chapters cover topics such as psychological and technical implications of pandemic situations, the economic, organizational, social, and legal implications of digital adoption, and case studies for digital transformation in different industries. This book will be useful for academics, technology professionals, business policy makers, NGO managers, and governments looking to optimize their digital transformation processes to better prepare their organizations in the presence of pandemic situations. .
