Judicial Oversight of Electronic Administrative Decisions in the Education Sector: Towards Legislative Harmonization For Digital Justice Requirements

Abstract

The higher education sector has witnessed a radical shift toward electronic administration, leading to the emergence of a new pattern of administrative decisions made automated through smart systems or digital platforms. The research problem lies in the fact that traditional rules of judicial oversight were designed to handle conventional, written decisions. This has created a legal gap when administrative courts exercise oversight over digital decisions in universities-such as admissions, grading, and disciplinary actions-particularly regarding the proof of formal requirements, legal grounds, and the reasoning of electronic decisions.

This study aims to examine the adequacy of current legal texts in enabling administrative judges to extend their oversight to digital decisions in educational institutions. It further explores challenges facing "Digital Justice," such as the difficulty of verifying the authenticity and legal weight of electronic decisions. The research employs a descriptive-analytical approach to diagnose the legislative reality, supported by a comparative methodology to review pioneering legal experiences in harmonizing administrative justice laws with digital transformation.

Preliminary findings indicate a "legislative deficiency" in defining the legal nature of administrative decisions generated by educational algorithms, alongside ambiguity in determining the exact time of issuance and electronic notification. Such gaps may compromise the rights of litigants. The study concludes by proposing legislative reforms, most notably the need to update administrative judiciary laws to adopt the concept of "Electronic Delegation" and recognize the legal weight of digital evidence in educational disputes. It advocates for a forward-looking vision that ensures harmony between the speed of digital procedures and the protection of academic rights and freedoms under the rule of law.