Extracted from publication
European Review of Digital Administration & Law

The Imperative Need to Chart a “National Path” for Artificial Intelligence in Administrative Proceedings: Opportunity and Legitimacy of a National Regulatory Framework Complementing the AI Act

DOI: 10.53136/979122182111620
Pages: 195-209
Publication date: November 2025
Publisher: Aracne
SSD: IUS/10

ABSTRACT The AI Act, though hailed as a landmark in global regulation, leaves the administrative sector in a state of unresolved uncertainty. By omitting a comprehensive framework for AI in public functions, it risks dismantling safeguards previously secured through case law and national legislation. This contribution explores the resulting fragmentation and argues for a nuanced, principle-based national response.

KEYWORDS AI Act - Administrative law - Human oversight - Algorithmic transparency

TABLE OF CONTENTS 1. AI Act and the Administrative Sector: Many Questions, Few Answers. – 2. Fragmented Regulation, Legal Gaps, and the Risk of a Collapse of Safeguards: The Case of the “Human Oversight Clause” and Algorithmic Transparency. – 3. The Issue of the Admissibility of National Regulatory Intervention in the Field of Administrative Decision-Making Automation through Artificial Intelligence. – 4. A (Possible) Pathway for Opening a “National” Route to Artificial Intelligence in Administrative Procedure