Stane se umělá inteligence nástrojem harmonizace správního práva procesního v Evropě?
Will Artificial Intelligence Become a Tool for Harmonising Administrative Procedural Law in Europe?

Summary/Abstract: In November 2024, a proposal for a new Article 15a of the Code of Administrative Proceedings was submitted by a group of deputies in the Chamber of Representatives of the Czech Parliament. The proposed article aimed to introduce the possibility of automated decision-making into the administrative proceedings in the Czech Republic. This article argues that this proposal did not represent an isolated effort by Czech legislators. On the contrary, the proposal was a part of a much broader pan-European tendency to adopt legal rules, enabling the substitution of official work (i.e., human beings) by decisions made by artificial intelligence. The advent of artificial intelligence is a phenomenon that is not tied to a specific jurisdiction but has a transnational character. In this context, this article posits that the transnational character of artificial intelligence can become a tool for the harmonisation of administrative procedural law in Europe in the future. In this respect, this article addresses current developments in this field under both the Council of Europe and selected national legal systems (Spain, Germany, Estonia). The article also highlights the role of legal academics (the so-called Professorenrecht) in establishing the emerging legal framework for the automation of decision-making in administrative law.

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