Brief notes on the possible use of artificial intelligence in the administrative process
.pdf (Italiano)

How to Cite

Simonetti, H. (2024). Brief notes on the possible use of artificial intelligence in the administrative process. P.A. Persona E Amministrazione, 14(1), 917–934. Retrieved from https://journals.uniurb.it/index.php/pea/article/view/4866

Abstract

The topic of artificial intelligence, of its regulation by law and of its effects on the law itself, is currently one of the most disputed, generating enthusiasm, curiosity but also fear.

As far as the administrative law is concerned the greatest attention has so far focused on the use of artificial intelligence by public bodies, in the automation of their procedures, on the guarantees that have to be assured and on the judicial control related to its compliance.

More recently the consideration is expanding also to the possible use of the new technologies to the judgement in general, including the judgement from administrative judges, prospecting different grades of implementation: from the softest to the hardest, hypothesising the extreme scenario of a robotic judge in substitution of the human being.

Moving from the recent directions coming from the European Regulation (AI act) and from the the draft of the Italian law, the paper examines the case of a only temperate use of AI in the administrative trial, limited at least in a first phase to jurisprudential and doctrinal research by the judge, useful for the purposes of reconstruction and effective knowledge of the law and respect for the principle Jura novit curia. The article reflects on which sources and through which forms and with which procedural guarantees it is preferable to proceed in this direction.

The prospective of the introduction of AI within the administrative trial is also the chance to think about the experience of the telematic administrative trial (PAT) and more in general about the digitalisation, with regard the consequences determined on the daily application ofthe Code of administrative trial.

.pdf (Italiano)
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