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
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
- Journal
- Law and World
- Publication
- June 30, 2026
- Volume
- 12
- Issue
- 38
- Pages
- 7-21
- Language
- English
- DOI
- 10.36475/12.2.1
- ISSN
- 2346-7916
- Institutions
- University Centre of Maghnia
- 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}
}
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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