Automated Administrative Decision and Protection of Subjective Positions: Procedure and Process

Starting from the case-law and once the scope of applicability of the algorithmic administrative decision has been defined, the authors analyse, on the basis of constitutional and European principles, two issues:
1. the implications of using algorithms on the legal qualification of procedural interests, also in view of the different margins of choice that the Public Administration reveals in the proceedings and the impact of the technique on the administrative decision;
2. the adequacy of the protection against the algorithmic decision before the administrative judge on the basis of the peculiarities of the Italian administrative justice system.