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Algorithmic Administration and the EU AI Act: Legal Principles for Public Sector Use of AI

arXiv 2604.22765 ↗First posted 24 Mar 2026cs.CY cs.AIcited by 0

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Abstract (arXiv)

The increasing use of artificial intelligence (AI) by public authorities introduces both opportunities for innovation and significant challenges for the administrative rule of law. This article examines how the EU AI Act interacts with the fundamental principles of administrative law, with a particular focus on administrative discretion, the duty to state reasons, and proportionality. It analyses the regulatory obligations imposed by the AI Act on public sector deployers of high-risk systems, especially in sensitive domains such as social benefits, migration, education, and law enforcement. It also explores whether the AI Act adequately ensures accountability, transparency, and reviewability in automated public decision-making. The article further considers how the AI Act's risk-based approach aligns (or fails to align) with the principle of proportionality and it proposes safeguards and interpretative strategies to ensure the ethical and lawful deployment of AI in the public sector.

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References · 4

  1. 2021Human-AI Interactions in Public Sector Decision-Making: "Automation Bias" and "Selective Adherence" to Algorithmic Advicecited by 22
  2. 2025Unlocking the Black Box: Analysing the EU Artificial Intelligence Act's Framework for Explainability in AIcited by 11
  3. 2022Algorithmic audits of algorithms, and the lawcited by 9
  4. 2024The Fundamental Rights Impact Assessment (FRIA) in the AI Act: Roots, legal obligations and key elements for a model templatecited by 7

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