ABSTRACT
Digital is not just a technical issue. It’s a political issue that raises major democratic stakes. The chapter examines the ambivalent impact of digitisation on Belgian public services in the European context. It distinguishes between two fundamental aspects: the back office (administrative backstage) and the front office (interactions with citizens) and highlights the advantages and disadvantages of the digitisation in these areas. Belgian legislations (decrees and law) exist to protect citizens from the compulsory switch to digital but they only have legislative force. It is therefore possible to deviate from them with another legislation. This is the case for the “Digital Brussels” ordinance project which aims to organise “100% online” public services without guaranteeing the preservation of human-operated service points, eliciting substantial criticism. Debates and expert hearings are scheduled for December 2023. In this context, the chapter supports the idea of enshrining in the Belgian Constitution the right to choose the digital way. This includes the right to access the Internet and the right not to use it (the right to human interaction). This proposal is based on the case law of the Constitutional Court, the Council of State, a recent recommendation from the Council of Europe, and draws a parallel with labour and banking law to underscore the importance of not being entirely subjected to a “contactless society”.
