Fully Automating the Administrative Act and its Accompanying Risk
DOI:
https://doi.org/10.60131/jlaw.2.2024.8324Keywords:
Public Administration, Administrative Body, Administrative-Legal Act, Electronic Act, Automated Act, Artificial Intelligence.Abstract
In recent decades, technological innovations have significantly changed the behavior of the state and society. Consequently, technological development has had a huge impact on public administration activities, since the development of technology and their integration are mostly related to the need for electronic governance[1]. Digitization of processes, switching to electronic forms, and sometimes automation have become necessary. Digitalization and automation must be discussed independently of each other as digitalization of the same digital governance is an important prerequisite for automating the public administration process[2].
The article analyzes the extent to which the automated decision meets the requirements of the administrative act and how the automated actions of the state affect the procedures and its basic principles. The article refers to the importance of automated production and the forms of applying an administrative act on its basis, definitions of electronic and automated acts, and the difference between them. The special focus is on the legal problems and challenges of a fully automated act issued by an administrative body in implementing public administration, and its constitutional-legal grounds
[1] E-governance, or digital governance, is associated with the introduction of innovations and technologies in the field of public administration.
[2] Tskhadadze K., E-Government Implementation on the Example of Georgia, TalTech Journal of European Studies, 14(1), 2024, 254.
References
General Administrative Code of Georgia, 15/07/1999.
Law of Georgia on Electronic Document and Electronic Trust Services, 10/05/2017.
Relevance of Constitutional-Legal Principles for Administrative Law, Journal of Administrative Law, No. 2, 2016.
Tskhadadze St., Good Governance – Constitutional Guarantees of Basic Rights in the Framework of Constitutional Reform in Georgia, Journal of Constitutional Law Review, 2017.
Administrative Procedure Act, 25/05/1976.
Braun Binder N., Dispositions of the machines in individual cases – dystopia or future administrative everyday life? ZSR/RDS Volume 139, I Issue, 2020.
Glaser A., Der elektronische handelnde Staat, E-Legistlation, E-Governance, E-Justice, Zeitschrift für Schweizerisches Recht, Volume 134, II, 2015.
Denk M., News on Digitization in Administrative (Procedural) Law, The present written version basically corresponds to the lecture of 4.11.2021.
Herold V., Democratic Legitimation of Automatically Issued Administrative Acts, Dücker & Humboldt, Berlin, 2019.
Ludwigs M., & Velling A., Fully automated administrative acts in German law. In Digitalization as a challenge for justice and administration= La digitalizacion como reto para la justicia y la administracion= Digitalization as a challenge for justice and administration. Würzburg University Press, 2023.
Maurer H., Waldhoff C., General Administrative Law. Munich: CH Beck, 2006.
Martini M., & Nink D. When Machines Decide...-Fully Automated Administrative Procedures and the Protection of Privacy, Neue Zeitschrift für Verwaltungsrecht-extra, 36(10), 10, 2017.
Polomski R.M., The Automated Administrative Act, The Administration on the Threshold of Automation to Information and Communication Technology, Duncker & Humboldt, Berlin, 1993.
Rechsteiner D., The algorithm has. Constitutional and administrative law aspects of automated individual decisions, Jusletter of 2019 16 Nov. (8).
Siegel T., Electronic Administrative Action – On the Effects of Digitization on Administrative Law. JURA Legal Education, 42(9), 2020.
Tskhadadze K., E-Government Implementation on the Example of Georgia, TalTech Journal of European Studies, 14(1), 2024.
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