Automation in administrative decision-making and judicial review

The article deals with the conditions for the legal use of automation in administrative decision-making and with the issues of its judicial review in the context of Czech and EU law. In particular, it analyses the rules for automated processing of personal data under the GDPR and the rules for the use of artificial intelligence set out in the newly adopted AI Act. It also examines the use of automation in the light of legal principles and fundamental rights enshrined in the EU Charter of Fundamental Rights. It thoroughly examines the so-called “right to explanation” and the duty to give reasons, which is crucial for the reviewability of administrative decisions. It thus provides a comprehensive view of the legal framework and challenges associated with the implementation of automation in public administration.

Publication Details

Journal
Research Publications (Maastricht University)
Published
2024-10-01
Primary Topic
Ombudsman and Human Rights
Type
article
Field-Weighted Citation Impact
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article

Automation in administrative decision-making and judicial review

Research Publications (Maastricht University)
Ombudsman and Human Rights
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Automation in administrative decision-making and judicial review

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Abstract

The article deals with the conditions for the legal use of automation in administrative decision-making and with the issues of its judicial review in the context of Czech and EU law. In particular, it analyses the rules for automated processing of personal data under the GDPR and the rules for the use of artificial intelligence set out in the newly adopted AI Act. It also examines the use of automation in the light of legal principles and fundamental rights enshrined in the EU Charter of Fundamental Rights. It thoroughly examines the so-called “right to explanation” and the duty to give reasons, which is crucial for the reviewability of administrative decisions. It thus provides a comprehensive view of the legal framework and challenges associated with the implementation of automation in public administration.

Research Publications (Maastricht University)
Peace, Justice and strong institutions
Openalex Percentile: Top 31%
Ombudsman and Human Rights
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Automation in administrative decision-making and judicial review · Research Publications (Maastricht University) (2024) | TGRS Research Map | TGRS