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Artificial Intelligence and Administrative Discretion: Exploring Adaptations and Boundaries

Year: 2024

Type: article

Abstract: This paper explores the necessary adaptations to the theory of administrative discretion when using AI systems. Regulatory frameworks in the EU, US, and Spain do not prohibit the application of AI in discretionary decision-making. Particularly, AI systems can be used when discretionary power involves correlations. However, to meet Rule of Law conditions, it is essential to establish adaptations and boundaries in areas such as duty of care, reason-giving, and judicial review. These conditions should focus on the impact of decisions on the affected individuals.

Source: European Journal of Risk Regulation

DOI: 10.1017/err.2024.76

Author: Juan Carlos Covilla

Institution: Universitat Pompeu Fabra

Language: English

Topic: Administrative Law and Governance

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: hybrid

Estimated APC paid: $3,450