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European Review of Digital Administration & Law
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European Review of Digital Administration & Law

The New Liabilities of Algorithmic Administration – France

DOI:  10.53136/97912218284675
Pages: 35-42
Publication date: September 2026
Publisher: Aracne
ABSTRACT The use of algorithms by the administration largely falls within the rules of traditional administrative liability. However, given the specific nature of algorithmic decision-making – and the difficulty citizens face in proving fault – one can envisage certain novel applications.
KEYWORDS Algorithmic administration - Liability - Faulty liability - Damage - Discrimination - Presumption of fault
TABLE OF CONTENTS 1. Introduction. – 2. The Submission of Algorithmic Administration by the Faulty Liability. – 2.1. Faulty Illegality. – 2.2. Damage Other than Simple Submission to an Illegal Decision. – 3. The Potential Originality of Algorithmic Administration Liability. – 3.1. The Possible Extension of Cases of Strict Liability of the Administration. – 3.2. Possible Adjustments to the Liability of Algorithmic Administration for Fault.
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European Review of Digital Administration & Law / Erdal