Blockchain e Smart Contracts nella Pubblica Amministrazione: aspetti di un tentativo di digitalizzazione del settore pubblico

Abstract

The digitization and automation of the public administration activities in a simplifying key is a topic now widely discussed both in doctrine and in jurisprudence. The impact of European policies and domestic legislation aimed at post-pandemic recovery offer an opportunity to reason, in particular, on the application of blockchain technology in the public sector, given the high potential that this tool guarantees in terms of security and transparency in data storage and interoperability (a term much appreciated by the National Recovery and Resilience Plan) between public administrations.

But if, on the one hand, blockchain technology offers undisputed advantages, on the other hand it creates several drawbacks when applied to the ordinary authoritative activities of public administration. Hence the need to carry out an investigation about the applicability of blockchain with reference to the authoritative, negotiation and binding activities of the administration.

This work is divided into two parts: in the first part we will make a systematic analysis of the functioning of blockchain technology, useful to understand the logical-legal arguments that will be then formulated in the second part of the work, where we will investigate the applicability of this tool in the binomial authority-freedom