In addition to increasing and improving the digitization of public services, the actors, users/beneficiaries, etc., involved must have a clear understanding of the relationship of digitized public services with applicable legislation as a whole and, in particular, with procedural administrative legislation.
Av. Ardjana Shehi, AK PARTNERS Legal & Consulting SHPK
Public digital services (also called “e-government”) are defined as providing services within the state administration and between the latter and the public, through the use of information and communication technology.
Examples of public digital services include, but are not limited to: submission of tax returns, application for updates, declarations of relevant legal actions (rent, etc.), renewal of cards, etc., in the public registry of real estate, etc., receiving work and residence permits, etc., through the virtual medium.
Most of the public and central and local government/public administration benefits from digital public services are already known: better public access to public services, public data, and official information, etc., as well as reduced administrative costs, promoting personalized services, increasing transparency towards the public, improving the efficiency of the public administration, etc.
We are experiencing a time when many countries prioritize the digitization of public services. The Nordic countries and the United States of America are the most digitized countries in the world, while South Korea and Denmark are the most digitized countries in public services (2023 OECD Digital Government Index).
Even in Albania, the growth and improvement of digitalization of public services seems to be a priority of the Albanian Government.
But, in addition to the increase and improvement of the digitization of public services, the actors, users/beneficiaries, etc., involved must have a clear understanding of the relationship of digitized public services with the applicable legislation as a whole and, in particular, with the administrative procedural legislation.
Legislation
We must all understand that special laws that expressly provide for the option of using online data systems, registries, online platforms, etc., are laws with many procedural elements and, as such, should enable the implementation of these digital systems to deliver public services and relevant procedures within the standards, deadlines, etc., as would be possible and as legally required through the classic procedure of formal official communication by “paper” of the public administration. This avoids making the relevant administrative decisions communicated online vulnerable or invalid due to the lack of adherence to legal procedures.
In this regard, every user of online systems should keep in mind that the procedures followed online or administrative acts received online should be compared with the relevant legal provisions, to ensure that an approval or administrative act is legal and has no defects that make it vulnerable.
Such answers, such as “it is printed by the system,” should not be accepted as legally binding if there is a discrepancy between what an online system provides and what is written in the legislation.
Careful!
Such answers, such as “it is printed by the system,” etc., while there is a discrepancy between what is provided by an online system and what is written in the legislation, should not be accepted as legal and inviolable if the test with legal provisions and relevant procedures shows otherwise.
RECOMMENDATIONS
In order to ensure that there is no inconsistency between the digital systems that enable public procedures and services and the relevant legislation and, ultimately, to effectively benefit from the benefits of e-government, at least the following should be ensured:
First, all platforms, systems, etc., must be built in full compliance with legislation to effectively implement the law and to fully benefit from the digitalization of respective public services.
To illustrate, if the legislation provides for several legal regimes on the possession of land, all these legal regimes must be reflected in an express way and in the right place (in the correct fields) in the relevant online public register (in this case of ASHK), so that the registration required by the relevant legal provisions is complete, and the completed registration does not carry defects that could invalidate the corresponding registration in the public register.
Secondly, platforms, systems, etc., must be updated according to the relevant legal requirements, as provided in the legislation regarding the frequency of updates or for specific information that needs to be updated, to prevent unnecessary obligations on users or potential losses for the Albanian state.
As an example, it is worth mentioning that if the legislation expressly provides for the obligation to publish and update the interest rate used for calculating late interest applied to tax liabilities, then performing this update is critical. Failure to perform the update may result in excessive extralegal obligations for the taxpayer or losses for the tax administration.
Third, platforms, systems, etc., must be constructed to log every action taken in the system (e.g., document uploads or removals from online systems) with precise timestamps (date, hour, minute). Every action performed in the system must be documented reliably whenever necessary.
If this feature is not embedded in online systems, it leaves room for abuse by the administration against beneficiaries of public services (citizens and legal entities).
Currently, issues are resolved through notary services, which are costly and would be unnecessary if the systems themselves were legally reliable as described above and as required by legal standards.
Fourthly, the use of platforms to deliver public services should be the primary alternative. Maximum effort and technical investment should be directed toward ensuring their uninterrupted functionality.
Additionally, from a legal standpoint, in case of a malfunction of digital systems, the procedure should continue through official “paper” processes for the public, with the transfer of data to digital systems after necessary adjustments by the administration. This ensures no losses due to system failures and that administrative procedures are not suspended, avoiding costs to those seeking public services. Any suspension due to digital system malfunctions should be legally provided for.
All of the above, and other relevant points not covered here, are intended as suggestions for improving digital public services in Albania, effectively benefiting from e-government, enhancing the implementation of legislation, and increasing the legal security of digital system users in Albania, including individual citizens and legal entities/businesses.
This article was originally published in Revista Monitor’s online portal and the original link can be found here.