EU Administrative Decision-making Delegated to Machines – Legal Challenges and Issues

Abstract

Increasing computing power, the constant development of different types of digital tools or even the use of AI systems – they all provide the EU administration with an opportunity to use automated decision-making (ADM) tools to improve the effectiveness and efficiency of administrative action. At the same time, however, the use of these tools raises several concerns, issues or challenges. From a legal perspective, there is a risk of compromising or reducing the accountability of public actors. The use of new technologies in decision-making may also affect fundamental values and principles of the EU as a whole. Automation, the use of large amounts of data and the extremely rapid processing of such data may affect or jeopardise the rights of individuals protected by EU law, including the fundamental rights guaranteed by the EU Charter. In order to keep administrative action within the limits of the law and to guarantee the rights of individuals, it is necessary to keep an eye on the various legal challenges associated with these phenomena. This article looks at three inter-connected levels of automated decision-making – the data, the ADM tool and the way it is programmed, and the output and its reviewability – and presents the legal issues or challenges associated with each of these levels.