Administrative Liability for Harm Arising from Intelligent Automated Administrative Decisions

Abstract

Administrative work is witnessing a radical transformation due to reliance on artificial intelligence techniques in decision making, which has given rise to a new category of decision-making: automated administrative decisions issued without direct human intervention.  Despite the efficiency and speed, they provide, these decisions pose profound legal questions about their legitimacy, the guarantees that accompany them, and the scope of administrative liability for any resulting harm. This article examines the nature of this liability, its limits, and its existence in the absence of clear legal regulation in many legal systems. It also exposes a legal vision aimed at protecting individuals and reconciling technological progress with the principles of legitimacy and accountability.