Direito administrativo e novos direitos: o Direito Administrativo como vetor de descobrimento de novos direitos

Abstract

This text revisits and briefly presents the six key features of 21st-century Administrative Law, as identified and developed by Professor Sérvulo Correia. It then examines the need to improve the protection of citizens in their relations with the Administration, using as a starting point the analysis of the Dutch childcare benefit scandal and the discussions on the project for reforming the General Administrative Law Act. This need is particularly pressing in light of the digital era and the heightened vulnerability of citizens. The analysis focuses on the fragility of the constitutionalization of Dutch Administrative Law, the proposed amendments to the General Administrative Law Act, and the discussion on the additional need for the constitutionalization of new rights. Based on this analysis, the text proposes a complementary defining feature of 21st-century Administrative Law: the enrichment of the rights system through the recognition of “new administrative fundamental rights.” The conclusion reflects on the normative potential of these features and submits the proposal of this seventh feature of Administrative Law to debate and critique.