Diritto alla digitalizzazione e procedimento amministrativo. Rimedi e tutele per un’amministrazione onlife.

The paper analyzes the normative changes in the digitization of Public administration brought by Decree-Laws No. 76 of 2020 and No. 77 of 2020, which affected both the Digital Administration Code (CAD) and Law No. 241 of 1990. In particular, the role of these regulatory interventions in terms of strengthening the “right” to digital transition of Public administration and, more generally, digital rights (and corresponding duties) are investigated. To this end, after examining the legal nature of these subjective legal positions, the new Art. 18 bis CAD is analyzed, which introduces an unprecedented sanctioning power in the hands of AgID in case digital transition obligations are violated. Later, some reflections are made on the new Article 3 bis of Law No. 241 of 1990, which reinforces the constraint for public administrations to use information and communication technologies within the proceedings.