This article deals with the issue of the relationship between public administration automat- ed decision making and the rule of law. It aims at demonstrating that there is a necessity to found administrative decision made by algorithmics on a clear legal mandate by the lawmakers rather than conceiving of it just as an organisational tool in the hands of beau- rocracy. This is also useful to overcome a sterile dispute between ‘humanity’ and ‘robotics’ sometimes surfacing in the case law as well. The exigent idea of the rule of law (principle of legality) here advocated, though, must be carefully tailored to meet the peculiar character- istics of the phenomenon to regulate.

Umano troppo umano. Decisioni amministrative automatizzate e principio di legalità

Stefano Civitarese Matteucci
2019

Abstract

This article deals with the issue of the relationship between public administration automat- ed decision making and the rule of law. It aims at demonstrating that there is a necessity to found administrative decision made by algorithmics on a clear legal mandate by the lawmakers rather than conceiving of it just as an organisational tool in the hands of beau- rocracy. This is also useful to overcome a sterile dispute between ‘humanity’ and ‘robotics’ sometimes surfacing in the case law as well. The exigent idea of the rule of law (principle of legality) here advocated, though, must be carefully tailored to meet the peculiar character- istics of the phenomenon to regulate.
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Utilizza questo identificativo per citare o creare un link a questo documento: http://hdl.handle.net/11564/707484
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