The transition towards a model of administrative decision based on algorithms

The adoption of artificial intelligence, coupled with growing investment in digital technologies and infrastructure, is reshaping public decision-making in increasingly pervasive ways. The costs of bureaucracy and the delays inherent in administrative procedures have fostered an understanding of digitalisation not merely as the deployment of information technologies, but also as a means of promoting simplification and greater efficiency. The analysis focuses on the structuring of algorithmic decisions from the perspective of their progressive articulation and transparency. Recent judicial and legislative developments, marked by the emergence of the principles of algorithmic legality, offer an opportunity to reconsider both the ex ante structuring of discretionary power and the criteria for assessing the substantive legality of public action.