Extracted from publication
European Review of Digital Administration & Law
The Administrative Judge Further Defines the Boundaries of Administrative Power in the Age of Automation. Some Reflections on the Consiglio di Stato Judgment No. 4520 of 5 June 2026
DOI: 10.53136/979122182846723
Pages: 279-286
Publication date: September 2026
Publisher: Aracne
ABSTRACT The judgment of Consiglio di Stato of 5 June 2026 (No. 4520) clarifies the proper use of digital tools in administrative action, particularly in the context of public competitive examinations, affirming the need to comply with the principles of transparency, verifiability and full judicial review of administrative decisions. Particular attention is devoted to the application of the principle of proximity of evidence, under which the burden rests on the administration to demonstrate the proper functioning of the algorithmic system used.
KEYWORDS Algorithmic decision-making - Public recruitment procedures - Transparency - Judicial review - Burden of proof - Outsourcing
TABLE OF CONTENTS 1. Facts of the Case. – 2. Algorithmic Decision-Making in Administrative Proceedings: Judicial Principles and Regulatory Developments. – 3. The Innovative Significance of the Judgment. – 3.1. The Principle of the Proximity of Evidence in Digitalised Administrative Procedures. – 4. Externalisation of Administrative Functions and Public Administration Responsibility. – 5. Final Remarks.
