Citizens’ Right to Information and the Principle of Good Administration: What’s new in the AI Act?

The EU Artificial Intelligence (AI) Act has sparked debates about establishing new or expanded information rights for citizens affected by AI-based administrative decision-making (AADM). While some argue that new or expanded information rights to citizens are reasonable and ethically recommendable, others caution that such rights may inhibit innovation. However, as with any public debate, arguments should be grounded in a clear understanding of existing rights enshrined in current regulations. This article conducts a legal dogmatic analysis of the right to good administration in the EU Charter of Fundamental Rights (EU Charter) and its constituent information rights, namely the right to consultation, the right to access, and the right to an explanation, to provide a foundation for future debates on new or expanded information rights for citizens affected by AADM. Moreover, this article explores how the transparency provision in Article 13 of the AI Act interacts with these information rights and discusses whether these regulations collectively form a robust legal framework for citizens affected by AADM. Our approach to selecting and examining legal sources mirrors that of the Court of Justice of the European Union, as the Court holds the interpretation privilege of the examined provisions (dogmatic method within legal realism).