Automazione e processo amministrativo: una convivenza difficile?

Abstract

The new regulations that came into force during the emergency period have significantly affected the doctrine and jurisprudence, in a first phase, on the risks and diminished guarantees of the so-called "Compulsory securitization" of the electronic administrative process, introduced by art. 84 of the D.L. n. March 17, 2020, n. 18 and, in a second phase, on the correct application of the principle of "mediated orality" in the so-called hearings. "Remotely", pursuant to Legislative Decree April 30, 2020, n. 28, of the following art. 25 of the D.L. n. 137/2020, as well as the further extension pursuant to art. 6 of the D.L. n. 44/2021.

This regime of 'attenuated' or 'mediated' by information technology found its fundamental ratio in a fully emergency context, but it seemed to be able to express, at system level, a trend towards an increasingly pervasive entry of ICT as necessary tools of operational aid in judicial activity. This regime, however, also considering certain regulatory and operational dysfunctions, was overcome with the D.L. 21/09/2021, n. 127 and with the consequent Protocol of the Council of State of 20/07/2021, which showed a clear option for the return to the pre-pandemic regime of cross-examination in the presence.