Dreptul administrativ și noile tehnologii. Cazul actului administrativ algoritmic
Administrative law and new technologies. The case of the algorithmic administrative act

Summary/Abstract: Designating the use of algorithms and artificial intelligence systems by public authorities to assist in decision-making or to fully automate individual administrative decisions, algorithmic administrative decision-making has become an increasingly widespread practice in search of an adequate legal framework. It transforms the classical decision-making process by introducing technological tools, raising issues of legality, transparency, and accountability. In this context of legal transformation underthe impact of the technological revolution, the algorithmic administrative act emerges as a new, transitional legal figure — dynamic, evolving, and still under construction. The intervention of algorithms and artificial intelligence fundamentally alters the paradigm for the study of the administrative act. The process of elaborating such acts through one or more algorithms raises a series of legality questions, both external (relating to competence or procedure) and internal (legal bases, grounds for the decision). In this regard, all mechanisms of judicial review may be affected. If code is law in the sense that it strictly determines the outcome to be obtained, it becomes necessary to review the conformity of this “internal law” with the law at large. If the algorithm is grounded in “data,” it is well established that the factual accuracy of the facts underpinning a decision is subject to review by the administrative review court.

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