Automated Public Administration through Interoperability in Greece: A Shift from Ex Post to Ex Ante Oversight

ABSTRACT This research paper examines the evolving relationship between traditional principles of administrative law and the regulatory and institutional challenges posed by digital transformation in public administration, with a particular focus on the interoperability of public administration information systems. Using the Greek administrative context as a case study, and drawing comparisons with the EU data protection framework, along with German administrative law, the paper explores how oversight mechanisms are shifting from ex post to ex ante forms of control. Furthermore, it is argued that, while decisions related to interoperability may not fall within the scope of Article 22 GDPR, they nonetheless play an enabling role in shaping future automated decisions with potential legal effects on individuals. The paper assesses whether such procedures can be subject to full automation and concludes that the presence of discretion and legal assessment necessitates continued human oversight. The concept of “oversight by design” is proposed as a hybrid governance model that integrates traditional administrative rule-of-law principles into digital infrastructure. This model helps bridge the normative gap between traditional legal safeguards and the emerging demands of the e-Government model for public administration. At the same time, the effectiveness of the Interoperability regulation in the Greek legal and public administration landscape is evaluated, particularly during the implementation stage, and a legislative tool is proposed to enable the enforcement of the adopted regulation. Ultimately, the paper contends that the adoption of fully automated processes should not be dictated by technological capacity alone, but must be evaluated in light of the State’s broader constitutional values and its commitment to the principles of legality, transparency, and accountability.

KEYWORDS Public administration - Interoperability - Greece - Traditional Administrative Law - Oversight - Ex ante - Ex post - Automated public administration

TABLE OF CONTENTS 1. Introduction. – 2. How are government operations organized? – 2.1. Public administration. – 2.2.What does e-Government have to offer? – 2.3. The case of Greece. – 3. The core of the development of a Greek eGovernment. – 3.1. Automated public administration. 3.2. Interoperability. – 3.3. The Greek interoperability case-study. – 3.4. Interoperability as a fully automated process. – 4. Oversight in automated governance infrastructure. – 4.1. Interoperability as an Administrative Act. – 4.2. Interoperability in the GDPR Context. – 4.3. Institutional Control, Bureaucratic Legitimacy and Modernization. – 4.4. Oversight by design, not a bureaucratic formality. – 4.5. Reframing the Interoperability application as an Oversight by Design mechanism. – 5. Perspectives and Challenges for the Regulatory Framework. – 5.1. Layers and Challenges. – 5.2. Implementation Problem. – 6. Conclusion: Rule-of-Law and Digital Transformation.