Giudice amministrativo e intelligenza artificiale tra legislazione, legittimazione e rapporto con il provvedimento algoritmico

Abstract

The paper examines the deployment of AI in the administrative process. The analysis first considers the adoption of AI by public administrations as it has been conceived by the most relevant jurisprudence in accordance with the national constitutional provisions and by EU law. Based on those premises, the article focuses narrowly on the similarities between the statute of algorithmic administrative decision-making and the constitutional principles applicable to predictive justice. Then, the EU and national legislation are examined, with specific regard to the AI Act and to law n. 132/2025. In particular, the essay explores the main issues deriving from the concrete application of current legislative principles to the administrative process.