"The right to error": the law that aims to revolutionize public administration

BarcelonaIf a person makes a mistake before the administration, they will have the right to rectify it, provided it was committed "non-fraudulently." This is one of the measures the Catalan government has agreed upon with ERC and Comuns to include in the plan to reform the administration, which will be processed through a bill in Parliament. Until now, this right was only held by the administration, and the government, following the example of countries like France and Poland, has sought to extend it to citizens as well. This way, if a person proves they have made an unintentional error, they will be able to rectify it and avoid sanctions. The reform also includes public employees, to avoid so-called "defensive bureaucracy," that is, the paralysis of certain administrative processes due to the lack of a signature by a civil servant who refuses to sign out of fear. Thus, the government's reform will exempt public employees from liability, and they will only be liable for actions or omissions "carried out with malice, negligence, or gross negligence." The administration, therefore, will not punish the official who has acted with "due diligence, in good faith and without fraud."

The reform also provides that an administrative error cannot harm processes related to benefits "linked to the coverage of essential needs." That is, the administration itself cannot claim benefits "linked to essential subsistence needs" that have been granted in error so as "not to harm citizens who are part of vulnerable groups." A situation, in fact, that has recently occurred with the claim for thousands of euros for undue payments of social benefitsA few months ago, the Government approved an amnesty for beneficiaries of the guaranteed income and now it is pending. What to do with the hundreds of young people who have been ex-warded who have received a letter to return part of the aid and, for which the Ministry of Social Rights has already apologized.

citizen victim of the error," he argued. Dalmau has emphasized that the path of modifications is "complex," but that it will allow for improved social cohesion, the guarantee of rights and economic prosperity. and citizenship. The introduction of the changes, said the minister, are "substantial" to treat people as "adults." In addition, Dalmau has asserted that the right not to be harmed by errors made by the administration itself must be recognized.

The Government has already announced the elimination of the mandatory appointment in its reform, but now the executive has agreed with the two investiture partners to include it in the law that will be processed by the Parliament, which will apply to all public administrations in Catalonia.

On the other hand, the agreement also includes moving toward "proactive and personalized" public services. This should translate into the administration itself "suggesting" procedures, benefits, and services related to the vital needs of each person. The objective is to reverse the paradigm of a "reactive" administration and one that can "accompany" citizens in their procedures and provide them with information about their rights and what services they can benefit from. Each person, however, should give their consent for their personal data to be used so that the administration can suggest procedures if they have a child, need to apply for unemployment benefits, or are retired. With a proactive service, citizens should not have to repeat procedures or submit the same documentation more than once, in addition to having access to new benefits they may not have been aware of.

Finally, the Government is committed to using more "plain, understandable, and accessible" language in all administrative procedures and information. This is intended to avoid "excessively technical or legal" language. The executive's objective is to process this reform in a single reading, dispensing with all the formalities of an ordinary legislative process, so that it can be approved at the beginning of the next session, that is, in the fall.