THE ENFORCEMENT OF ELECTRONIC ADMINISTRATIVE DECISION AND THE EXTENT OF ITS APPLICATION IN PALESTINE AND JORDAN

Abstract

Electronic management means a set of administrative activities that depend on the internet at all levels of public administration. The transformation of the procedure from paper-based into electronic pillar has impacted the administrative decision. Therefore, the administrative decision has become issued by electronic procedures and relies on the electronic pillar based on paper or document. This led to the emergence of new legal terms, such as the electronic administrative decision. However, several legal questions have arisen about the legality of electronic administrative decisions and their legal effects. And what is the moment in which the electronic administrative decision is considered to have been issued and effective? This paper aims to demonstrate the legality of the application of the electronic administrative decision in Palestine and Jordan. To achieve the research objectives, a qualitative legal research approach has been adopted. The primary and secondary data have been both utilized in this research to help answer the research question. Findings show that the Palestinian and Jordanian legislation has not prevented the administration from expressing its will by using modern technological means; also, the legislator has not required the issuance of the decision to be written or verbally. The authors recommend activating the role of the Supreme Court of Justice. Besides, make some amendments to the Palestinian decision No. 15 of 2017 regarding electronic transactions and Jordanian law in the Electronic Transactions Law No. 15 of 2015 to keep pace with this development.