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The Electronic Administrative Decision between : The Requirements of Effectiveness and the Guarantees of Legal Security

By Chekkaf Ibtissem Fatima Zohra

Law and World · Vol. 12, No. 38, pp. 7-21 · 2026

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Abstract

The electronic administrative decision represents a central manifestation of digital transformation in public administration, reshaping how decisions are prepared, adopted, and implemented. This evolution requires reconsidering the traditional pillars of administrative action — competence, cause, subject matter, and purpose — to ensure both administrative effectiveness and legal security in the digital environment.

This article examines how a balance can be achieved between the requirements of digital effectiveness and the guarantees of legal security in the electronic administrative decision. Adopting a combined analytical and comparative methodology, the study draws on European legal frameworks — notably French administrative law (CRPA, KPMG decision 2006), German administrative procedure law (VwVfG), and key EU instruments including the GDPR, the eIDAS Regulation, Directive 2006/123/EC, and the EU eGovernment Action Plan 2016–2020 — as well as the Council of Europe Venice Commission Rule of Law Checklist, the OECD Digital Government Policy Framework, and selected Arab legal experiences from Egypt and Jordan.

The study demonstrates that the legal pillars of the electronic administrative decision are identical in substance to those of the traditional decision, differing only in the means of expression. It further establishes that the principle of legal security — constitutionally enshrined in Algeria’s 2020 constitutional amendment — constitutes a fundamental safeguard, particularly in relation to the powers of annulment and withdrawal of electronic decisions. The findings confirm that digital transformation demands the re-engineering of legal guarantees and that comparative European and international experiences offer instructive models for strengthening national frameworks in this field.

Details

Publication type
Journal article
Author
  • Chekkaf Ibtissem Fatima Zohra - Ph.D in Law, Lecturer, Professor A, Institute of Law and Political Science, Department of Law, Maghnia University Center, Tlemcen, Algeria
Publication
June 30, 2026
Volume
12
Issue
38
Pages
7-21
Language
English
ISSN
2346-7916
Access
Open access
Licence
CC BY-SA 4.0
Added to catalogue
Metadata source
Supplied by the publisher

Areas of law

Keywords

Cite this record

Zohra, C. I. F. (2026). The Electronic Administrative Decision between : The Requirements of Effectiveness and the Guarantees of Legal Security. Law and World, 12(38), 7-21. https://doi.org/10.36475/12.2.1
Zohra, Chekkaf Ibtissem Fatima. "The Electronic Administrative Decision between : The Requirements of Effectiveness and the Guarantees of Legal Security." Law and World 12, no. 38 (2026): 7-21. https://doi.org/10.36475/12.2.1.
@article{zohra2026_5spbws,
  title     = {The Electronic Administrative Decision between : The Requirements of Effectiveness and the Guarantees of Legal Security},
  author    = {Zohra, Chekkaf Ibtissem Fatima},
  year      = {2026},
  journal   = {Law and World},
  volume    = {12},
  number    = {38},
  pages     = {7--21},
  doi       = {10.36475/12.2.1},
  issn      = {2346-7916},
  language  = {en},
  url       = {https://lawandworld.ge/index.php/law/article/view/1000},
  note      = {Open access}
}
Download BibTeX
TY  - JOUR
AU  - Zohra, Chekkaf Ibtissem Fatima
TI  - The Electronic Administrative Decision between : The Requirements of Effectiveness and the Guarantees of Legal Security
PY  - 2026
JO  - Law and World
VL  - 12
IS  - 38
SN  - 2346-7916
DO  - 10.36475/12.2.1
LA  - en
UR  - https://lawandworld.ge/index.php/law/article/view/1000
AB  - The electronic administrative decision represents a central manifestation of digital transformation in public administration, reshaping how decisions are prepared, adopted, and implemented. This evolution requires reconsidering the traditional pillars of administrative action — competence, cause, subject matter, and purpose — to ensure both administrative effectiveness and legal security in the digital environment. This article examines how a balance can be achieved between the requirements of digital effectiveness and the guarantees of legal security in the electronic administrative decision. Adopting a combined analytical and comparative methodology, the study draws on European legal frameworks — notably French administrative law (CRPA, KPMG decision 2006), German administrative procedure law (VwVfG), and key EU instruments including the GDPR, the eIDAS Regulation, Directive 2006/123/EC, and the EU eGovernment Action Plan 2016–2020 — as well as the Council of Europe Venice Commission Rule of Law Checklist, the OECD Digital Government Policy Framework, and selected Arab legal experiences from Egypt and Jordan. The study demonstrates that the legal pillars of the electronic administrative decision are identical in substance to those of the traditional decision, differing only in the means of expression. It further establishes that the principle of legal security — constitutionally enshrined in Algeria’s 2020 constitutional amendment — constitutes a fundamental safeguard, particularly in relation to the powers of annulment and withdrawal of electronic decisions. The findings confirm that digital transformation demands the re-engineering of legal guarantees and that comparative European and international experiences offer instructive models for strengthening national frameworks in this field.
KW  - Electronic administrative decision
KW  - legal security
KW  - digital governance
KW  - comparative administrative law
KW  - algorithmic regulation
KW  - ელექტრონული ადმინისტრაციული გადაწყვეტილება
KW  - სამართლებრივი უსაფრთხოება
KW  - ციფრული მმართველობა
KW  - შედარებითი ადმინისტრაციული სამართალი
KW  - ალგორითმული რეგულირება
SP  - 7
EP  - 21
ER  - 
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