Abstract

This article deals with the issue of the relationship between public administration automated decision making and the rule of law. It aims at demonstrating that there is a necessity to found administrative decision made by algorithmics on a clear legal mandate by the lawmakers rather than conceiving of it just as an organisational tool in the hands of beaurocracy. This is also useful to overcome a sterile dispute between 'humanity' and 'robotics' sometimes surfacing in the case law as well. The exigent idea of the rule of law (principle of legality) here advocated, though, must be carefully tailored to meet the peculiar characteristics of the phenomenon to regulate.