The essay would study the important reforms intervened on the Spain and France's administrative systems between the end of 2015 and the beginning of 2016. The key words of both the reforms are common: simplification of the relationships between Administration and citizens and digitization's implementation of the administrative activity and documentation, goals tightly interconnected. In Spain the reform has intervened with two different Laws, both of October 1th 2015, nn. 39 and 40, the first one dedicated to the Administrative Procedure Common of the Public Administrations (LPAC) and the second one to the Juridical Regime of the Public Sector (LRJSP), that replace the previous legislation represented by the Law November 26th 1992, n. 30. Intervening on the inside and external operation of the Public Administrations, the spanish Laws have dedicated a considerable scope to the administrative activity's digitising obligation and the citizens' partecipation arrangements to the administration's choices. In relationship to the French system, one of the most reluctant to introduce an organic discipline of the public action, the January 1th 2016, afeter an intense doctrinal debate that wished his adoption, the first code of the relationships among the Administrations and the citizens has gone into effect. The code has reorganized the subject, systematizing the precedents sectorial normative interventions and furnishing an unitary legislation, that has simplified as for the acts' reasons, the silence's system, the access right, also by electronic means, to administrative documents and the forms of public consultation, that are been generalized. The reforms on the administrative procedure intervened in Spain and in France are inserted in teh trial that the European union is undertaking with the purpose to equip her with a normative general it turns to regulate her administrative activity, more and more in expansion towards the national arrangements. The hope is that the models that we have been considered in this essay, don’t exempt also by critical points and possibility of improvement, together with the Italian model can constitute a reference for the Union system normative to make more efficient the activity of her administrative apparatuses, contextually guaranteeing the rights of all the citizens, that independently their Country of affiliation, belongs to the European union.

(2017). La riforma del procedimento amministrativo in Spagna e Francia [journal article - articolo]. In RIVISTA ITALIANA DI DIRITTO PUBBLICO COMUNITARIO. Retrieved from http://hdl.handle.net/10446/115158

La riforma del procedimento amministrativo in Spagna e Francia

gabriella crepaldi
2017-01-01

Abstract

The essay would study the important reforms intervened on the Spain and France's administrative systems between the end of 2015 and the beginning of 2016. The key words of both the reforms are common: simplification of the relationships between Administration and citizens and digitization's implementation of the administrative activity and documentation, goals tightly interconnected. In Spain the reform has intervened with two different Laws, both of October 1th 2015, nn. 39 and 40, the first one dedicated to the Administrative Procedure Common of the Public Administrations (LPAC) and the second one to the Juridical Regime of the Public Sector (LRJSP), that replace the previous legislation represented by the Law November 26th 1992, n. 30. Intervening on the inside and external operation of the Public Administrations, the spanish Laws have dedicated a considerable scope to the administrative activity's digitising obligation and the citizens' partecipation arrangements to the administration's choices. In relationship to the French system, one of the most reluctant to introduce an organic discipline of the public action, the January 1th 2016, afeter an intense doctrinal debate that wished his adoption, the first code of the relationships among the Administrations and the citizens has gone into effect. The code has reorganized the subject, systematizing the precedents sectorial normative interventions and furnishing an unitary legislation, that has simplified as for the acts' reasons, the silence's system, the access right, also by electronic means, to administrative documents and the forms of public consultation, that are been generalized. The reforms on the administrative procedure intervened in Spain and in France are inserted in teh trial that the European union is undertaking with the purpose to equip her with a normative general it turns to regulate her administrative activity, more and more in expansion towards the national arrangements. The hope is that the models that we have been considered in this essay, don’t exempt also by critical points and possibility of improvement, together with the Italian model can constitute a reference for the Union system normative to make more efficient the activity of her administrative apparatuses, contextually guaranteeing the rights of all the citizens, that independently their Country of affiliation, belongs to the European union.
journal article - articolo
gen-2017
Crepaldi, Gabriella
(2017). La riforma del procedimento amministrativo in Spagna e Francia [journal article - articolo]. In RIVISTA ITALIANA DI DIRITTO PUBBLICO COMUNITARIO. Retrieved from http://hdl.handle.net/10446/115158
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