Las sanciones administrativas en la ciudad inteligenteinnovación tecnológica y potestad sancionadora en nuevos entornos urbanos

Abstract

The technological modernization process we have been experiencing in recent years is driving significant transformations in public administration across all its areas of operation. At the local level, these technologies have given rise to new urban environments through the proliferation of smart city projects and initiatives, which enable significant advancements in streamlining procedures and optimizing public services. However, with the implementation of automated systems and artificial intelligence tools to monitor citizens' activities and behaviors and enforce regulations, we face the risk of creating a perfect system of surveillance and repression. This control, based on algorithmic technologies, presents numerous challenges that significantly impact citizens' legal rights and guarantees. Traditionally, guarantees for the exercise of punitive power have been embodied in the sanctioning procedure. However, these technological advances, which enhance aspects critical to this power—such as verifying the investigated facts and identifying the responsible individuals—largely transform and undermine the traditional guarantees of the sanctioning procedure. This often leads to immediate technological sanctions, thereby weakening the procedural safeguards. Moreover, jurisprudence has traditionally minimized the invalidating impact of procedural defects in the exercise of this power, further devaluing these guarantees. Additionally, the implications of personal data protection regulations and the outsourcing of significant aspects of punitive power to the private sector must be considered. This thesis proposes a series of measures to maintain the necessary guarantees in this new scenario. These measures focus on the goals necessary for their implementation, the control of their design, the correction of their operation, and addressing the scope of non-compliance by the Administration regarding the validity of the resulting acts and the system itself. Finally, special attention is given to the impact of these technologies on the sanctioning process, considering the peculiarities of the smart city environment.