the present contribution aims, once the main jurisprudence in the field of automated administrative activity has been analyzed, to carry out some reflections concerning the use of algorithms within the discretionary activity of the public administration. Starting from this reconstruction and deducting the necessary conclusions concerning the administrative judge’s review, the possibility of applying in this field the reflections conducted in doctrine and jurisprudence on the subject of full jurisdiction, in order to respond to the problem of the compression of procedural guarantees due to the process of automation without, however, constituting forms of review extended to the so-called “administrative merit” is investigated.
Decisione algoritmica, discrezionalità e sindacato del giudice amministrativo
Giovanni Botto
2024-01-01
Abstract
the present contribution aims, once the main jurisprudence in the field of automated administrative activity has been analyzed, to carry out some reflections concerning the use of algorithms within the discretionary activity of the public administration. Starting from this reconstruction and deducting the necessary conclusions concerning the administrative judge’s review, the possibility of applying in this field the reflections conducted in doctrine and jurisprudence on the subject of full jurisdiction, in order to respond to the problem of the compression of procedural guarantees due to the process of automation without, however, constituting forms of review extended to the so-called “administrative merit” is investigated.File | Dimensione | Formato | |
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