Challenges of the Knowledge Society (Jun 2022)
CANCELLATION OF CLASSIFIED ADMINISTRATIVE ACTS
Abstract
By reference to the legislation in the field of classified information protection, public authorities and institutions may issue typical, unclassified administrative acts, but also atypical administrative acts, classified as state or service secret, according to their content. Of course, the protection of this act must not be other than that established by law, and no superior interest can be invoked contrary to the interest of the law to protect the content, so as to prejudice in rights even persons who may have rights and obligations they spring from that act (the jurisprudence on the payment of the military's daily allowance in the theaters of operations and the fact that a dry administrative act was not brought to their attention). The classified administrative act carries rights and obligations for persons who cannot always be easily identified, and their mere concealment for the stated purpose of protecting their content cannot be imputed to them, as they do not have access to the content of the administrative act in Cause. The classified contract is another kind of administrative act, but in this case a change of law is required ferenda, in the sense that the mere existence of the title "classified contract" allows misinterpretation contrary to the status granted by law: "any contract under which classified information is circulated”. For this situation, which does not comply with European standards on the right to good administration and the right of access to one's own file, the remedy is provided by European and national legislation requiring prudent allocation of classified level, so as not to harm the legitimate interest of individuals or legal person.
