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The Law 39/2015, of 1 october, of Common Administrative Procedure of the public authorities (Opens in new window) and Law 40/2015, of 1 october, from The Legal Regime of the public Sector (Opens in new window) come to configure a scenario in which the electronic procedure should be the normal performance of the administrations in its many dimensions, internal management, of citizens and of those with each other.

As stated in the narrative of the Law 39/2015 (Opens in new window) a paperless Administration based on a fully electronic operation serves not only to the principles of effectiveness and efficiency, cost savings for citizens and businesses, but also strengthens the guarantees of stakeholders at the same time facilitating better transparency ”. Accordingly in the act provides that issues such as administrative acts will be in writing by electronic means and that administrative documents shall be issued also in writing by electronic means; while the Law 40/2015 (Opens in new window) states that public administrations interact among themselves and their organs through electronic means.

For more information about the legal framework available E-government code (Opens in new window) , compendium of consolidated legislation, edited by BOE with selection and management of content by the secretariat-General for administration.

The Digital transformation Plan of the General state administration and its Agencies (Ict Strategy 2015 – 2020) ) was developed with very present in its draft laws 39/2015 and 40/2015, so the guiding principles, strategic objectives and action lines, and goals set out in the plan aim to facilitate the implementation of the provisions set out in the above-mentioned laws.

The Royal Decree 203/2021, of 30 march, approving the regulations and functioning of the public sector by electronic means (Opens in new window) seeks to improve administrative efficiency in order to implement a fully electronic Administration and interconnected network, increasing the transparency of administrative action and the participation of people in E-government, secure digital services readily usable and improve legal certainty.

The Catalogue of digital management services , which aims to disseminate the services made available to public administrations as a facilitating tool to contribute to advancing the development of Digital Administration, included in the relevant to the services offered, together with a brief description and other information, reference to the legal framework in each case. In addition, there is also of the first statement of 14 shared services (Opens in new window) as a tool for greater efficiency in the provision of ict services.

In connection with the second additional ‘ Accession of the autonomous communities and Local Entities to platforms and records of the General state administration ’ of law 39/2015 are of interest Cooperation agreements with the CC.AA. in the field of Electronic administration.

From the point of view of the use of electronic media are of particular interest in the Law 39/2015 (Opens in new window) the forecast of the rights of persons in their relations with public administrations, of the administrative procedure, the right and duty to interact electronically with public administrations, assistance in the use of electronic means; the representation and electronic records; records apoderamientos; identification systems for stakeholders in the proceedings, signature systems supported by public administrations; the use of means of identification and signature in administrative procedure; the form of administrative acts; issues relating to applications for commencement, appearance of persons, an obligation to solve and calculation of periods of time limits; notifications by electronic means; the issuance of documents and copies thereof, the documents provided by stakeholders, the electronic brief and the electronic file.

And Law 40/2015 (Opens in new window) what is established in connection with the general principles, the collegiate bodies, the electronic operation of the public Sector (electronic, internet Portal, identification schemes for public administrations, automated administrative procedures, systems of signature to the administrative behaviour, firma-e automated service staff of public administrations, blocking and interoperability in firma-e, electronic archiving of documents); management of shared common services (information and communications systems); technical cooperation (provision of information, integrated management information systems); exchange of data in closed environments of communication, data transmissions between AA.PP.; National Interoperability and National security, re-use applications and systems of land Administration and transfer of technology among administrations.

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