The legislation introduces several significant changes for both public authorities and the rights of private individuals in their dealings with the public sector:
- The scope of application is more clearly defined, and the Act will generally not apply to entities owned by the state or municipalities.
- The current ambiguous rules on disqualification (conflict of interest) and duty of confidentiality have been clarified and simplified.
- The Act allows for increased use of automated decisions and digital case processing.
- The procedural rules have become more detailed.
- Only parts of the Act will apply when the administration enters into agreements governed by private law.
- An appellate body without instructive authority will no longer have the right to reverse first-instance decisions outside of appeal cases.
- The unwritten rules on abuse of authority, the doctrine of invalidity, and the doctrine of conditions are now codified.
As the government itself states, the Public Administration Act is “the most fundamental law for the administration, entities, and for the general public.” All administrative bodies and entities must now comply with a new legal framework.
