Stakeholders and Digital State: what about public law adaptations?

The emerging “Digital State” means ways of rethinking the nature, missions and organizational rules of the State. Two fundamental aspects can be in it identified: a) the relationship State/society, which moves from a dualistic mode to a reticular environment, and b) the State boundaries, moving from government to governance. Both of them have a thing in common: the stakeholders. The State’s evolution also implies an evolution in Public Law. In the Modern society, the State Law was developed in a dichotomy authority/freedom, which was legitimized by Public law norms. But, the shifts from government to data governance has multiple repercussions on the structuring notions of Public Law, that cannot remain impervious to the evolutions that affect state rationalities and engines. The paper aims to propose that the Digital State needs a “informational logic” of public law. It is necessary to think of a set of norms that comes within the common order of people, the stakeholders.