In an excellent article published in this newspaper and signed by Juan Ramón Gil, the chief content officer of Prensa Ibérica in Alicante, Murcia and Andalusia, the need to review the rules on the division of contracts in Public Administration becomes more and more evident. According to the journalist, “A constant source of conflict and politicians and senior officials are in trouble every day!”
One of the main challenges faced by those who manage any organization, and especially in Public Administration, lies in the optimization of economic resources. A management that should aim to increase efficiency, effectiveness and environmental sustainability.
The challenge to be implemented, subject to the Public Procurement Law, which is constantly changing over time and is also subject to various interpretations.
This fact causes great concern and stress among employees, technicians and public officials responsible for the management and control of public resources, to the extent that a mistake can result in significant penalties and sanctions.
Regardless of the recycling and continuing education of technicians and civil servants in the face of constant changes of the standard and various interpretations of the Law of Contracts; Research and implementation of measures is urgent and important to protect both those who manage and manage public resources, and the technicians and officials who oversee and recommend ideal contract forms for the implementation of the budget. following sudoku: ensuring good practices, optimizing resources for the community, and protecting managers, directors, technicians and public servants.
The solution comes from the hands of innovation, specifically blockchain technology and especially well-known ones. “Smart Contracts or Smart Contracts”. We are talking about a computer algorithm (program) capable of automatically executing actions according to a set of pre-programmed parameters. In essence, it refers to any type of contract (between two or more parties) capable of autonomous, automatic execution without human intervention.
The contract is enforceable only when specifications or established rules are met (“If X conditions are met, it may or may not happen”). And everything is publicly, transparently and immutably recorded.
Imagine a technological solution that automates the process, eliminating value judgment, but relying on human ability. This helps the manager, technician and public servant by increasing their efficiency, reducing the bureaucratic burden and benefiting the citizen. Guarantee of full implementation of the norm. Protecting the manager and public employee, ensuring the adequate and correct implementation of the Law, preventing possible mistakes and contributing to a more sustainable world by eliminating paper at all stages of the contract process.
And, in accordance with Juan Ramón Gil’s article quoted at the beginning, any perverted, distorted and dishonest use of justice will be thwarted by those who are well aware of its loopholes and instrumentalize it as they wish for their own Machiavellian ends. achieve their goals, personal or political interests. Especially those who do it cowardly, with manipulations and lies, who abuse anonymous complaint to artificially initiate processes. Meanwhile, we can all agree that they are in a criminal and malicious attitude that should be punished.
Smart Contracts will save both prosecutors and judges from numerous potential cases of error in public administration, such as splitting well-known contracts, among others. Especially at a time when the same public forces are demanding more resources in the face of the job overflow they are exposed to, which over time also affects the citizens.
In Spain, people crossing a hybrid Expertise They have spent years focusing on law and blockchain technology, such as the BAES group led by financial law professor Carmen Pastor or the Public Procurement Observatory led by administrative law professor Miguel Ángel Bernal, the Alastria consortium, or magistrate Yolanda Ríos. Concerning the digital transformation of Public Administration to achieve greater efficiency, efficiency, transparency and security through technology blockchain already Smart Contractswithout forgetting to increase the quality of service provided to citizens.
Artificial intelligence, robotics applied to processes (RPA), big data or blockchain should be seen as the greatest ally for Public Administration in an ever-changing, increasingly dynamic, turbulent, uncertain and digital world.
As I explain in the journal with Pablo de Castro and other experts in digital transformation, public administration and law Court Practice your consultant Walter Kluwer under the hood “How innovation and disruptive technology can improve the Administration of Justice”; More knowledge for citizens, more training for technicians and government workers in disruptive technologies, and greater empowerment to discover, test and implement such innovations are needed, putting people at the center of any transformation. And for that, just like a financial sanction, perhaps it’s necessary to consider a regulatory sandbox in this space.