Administrative decision making by algorithm: the Italian experience

• Autor(a) principal: Azzena, Luisa
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Estudos Políticos (Online)
• Texto Completo: https://pos.direito.ufmg.br/rbep/index.php/rbep/article/view/936
• topic: tecnologie informatiche; algoritmo; pubblica amministrazione; provvedimento amministrativo algoritmico.; information technology; algorithm; public administration; decision by algorithm.

Modern technologies offer the public administration new tools, potentially very useful both for its non-provisional activity and for decision-making. In the latter context, however, delicate questions arise, especially with regard to discretionary activity. In particular, difficulties arise in the event that the decision of the p.a. is assumed on the basis of an algorithm. The national legislator has not (so far) intervened to regulate the matter in an organic and exhaustive way; the reference principles are found above all in the legislation prepared at European Union level. An important role was played by administrative jurisprudence, especially by the State Council, which developed a sort of  “statute” for the algorithmic provision, highlighting how the issues posed by the new technological tools are, on closer inspection, largely attributable to the traditional problems of administrative action.