Digitization of Administrative Procedure and the Constitutional Principle of Efficiency: Construction and Validation of the Legal Model of Digital Administrative Efficiency (MJEAD)

Abstract

The digital transformation of public administration has promoted the implementation of electronic administrative procedures; however, it remains unclear whether digitalization alone is sufficient to ensure compliance with the constitutional principle of effectiveness. This study aims to analyze, from a legal-empirical perspective, the extent to which the digitalization of administrative procedures contributes to the realization of the constitutional principle of effectiveness established in Article 227 of the Constitution of the Republic of Ecuador. The research identifies the legal mechanisms underlying this contribution through a case study of the Document Management System of the Technical University of Machala (UTMACH). A mixed-methods approach with a predominately qualitative legal analysis was employed, combining doctrinal examination of constitutional, statutory, regulatory, doctrinal, and case-law sources with empirical evidence collected through a questionnaire administered to 77 administrative staff members. The study proposes the Legal Model for Digital Administrative Effectiveness (MJEAD), composed of seven interrelated elements: electronic records, electronic signatures, document traceability, access to information, document preservation, interoperability, and institutional training. The findings demonstrate that administrative effectiveness is not an automatic consequence of digital technologies but rather depends on a legal framework capable of ensuring authenticity, integrity, transparency, continuity, and legal certainty throughout electronic administrative procedures. The study concludes that the MJEAD provides an analytical framework for assessing the legal contribution of digitalization to the constitutional principle of effectiveness within public institutions.