The Principle of Legal Certainty in Digital Administrative Decision-Making: A Comparative Conceptual Analysis
Keywords:
Legal Certainty, Administrative Law, Digital Governance, Automated Decision-Making, Transparency, Fundamental RightsAbstract
The increasing use of digital technologies in public administration has raised important questions concerning the protection of fundamental legal principles in automated decision-making processes. Among these principles, legal certainty occupies a particularly significant position, as it requires public authorities to act in a predictable, transparent, and legally grounded manner. This article examines the relationship between legal certainty and automated administrative decision-making through a comparative conceptual approach. It considers the potential implications of algorithmic systems for administrative transparency, procedural safeguards, and the effective exercise of individual rights. The analysis focuses on three principal dimensions: accessibility of applicable rules, transparency of administrative reasoning, and the availability of effective review mechanisms. It argues that technological efficiency cannot replace the legal safeguards traditionally associated with administrative decision-making. Rather, digital administrative systems should be designed and implemented in a manner that preserves the essential requirements of legality, accountability, and procedural fairness. The article concludes that the effective integration of digital technologies into public administration requires a coherent legal framework capable of ensuring both administrative efficiency and the protection of individual rights.
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