L’algoritmo nella costruzione del potere amministrativo, tra opportunità e questioni ancora aperte

Abstract

This essay aims to analyze the impact of digitalization on the administrative process. The algorithm, in particular, shares with the administrative process the idea of a sequential and structured logic, but, unlike the latter, it risks colliding with the subjective construction of power, which recognizes the official—and the resulting system of accountability—as the cornerstone of administrative legality. In this context, the discipline of accountability needs to be rethought to avoid, on the one hand, the official acting as a mere formal controller or, worse, a legal lightning rod, and, on the other, the citizen being left without an adequate system of protection.