Judicial Review of Automated Administrative Decision-making: The Role of Administrative Courts in the Evaluation of Unlawful Regimes
Keywords:algorithms in public administration, algorithmic decision-making, structural review, jurisdiction over administrative regimes, review of policymaking, administrative justice
Automated administrative decision-making in Europe draws attention to legal issues related to its scrutiny. The algorithm may not be an exact translation of the legal norms that it is supposed to enforce; moreover, the logic behind opaque systems is inaccessible to individuals affected by its operation. In the age of mass decisions on access to benefits and public services, how can it be ensured that the legal interest of individuals will be protected? The discussion on general assumptions of administrative justice towards the digital state has already begun in the UK, with some interesting developments on administrative courts’ jurisdiction and evidentiary proceedings. At the same time in the EU, there are discussions on the Proposal for Artificial Intelligence Act resulting in Model Rules on Algorithmic Impact Assessment, with the significant role of the Supervisory Body and the Expert Board. In this paper, I would like to compare two approaches and reflect on them from the viewpoint of Polish administrative justice. To do that, I analyse the English legal framework of judicial review and its recent case law. I conclude that Polish administrative justice doesn’t have the legal competence to evaluate the policymaking process and the role of the court should be limited to examining the decisions of the Supervisory Body.