ADMINISTRATIVE INTERVENTION IN THE INTERNET AND ITS CONTROL BY ADMINISTRATIVE JUSTICE. NEW DEVELOPMENTS IN THE DRAFT ON SUSTAINABLE ECONOMY

Abstract

Th e information society is a powerful tool that opens new cultural, economic, political and technical horizons. It does so in a global world that places its hopes on technological development as a sustainable means of improving well-being and living conditions. However, important individual rights are at stake in a virtual world that lacks governance and that can therefore easily lead to excesses, both in the form and in the content of what is reported or transmitted over the web.
When certain principles are aff ected, fi rst the public administration and then the courts may intervene in order to take restrictive measures that maintain rights, liberties and principles unharmed. Th ese rights, freedoms and principles should have maximum protection, regardless of the means used to convey information or to off er products and services to citizens in their capacity as Internet users. In the new regulation expected to be introduced by the draft Sustainable Economy Act, some of those rights, given their importance in the social and economic system and their sensitivity, are subject to an administrative pre-protection. Th is article deals with these constitutional and administrative issues, and with their subsequent monitoring by administrative justice