The introduction of IT tools in the administrative procedure is not without consequences. In fact, the use of information and communication technologies in the formation of administrative decisions requires a review of the legal systems in force, adapted to the current reality. In this way, the present excursus aims to determine the mechanism for repairing the damage caused to someone by automated administrative decisions. To this end, and through the analysis of relevant legislation, jurisprudence and doctrine, the study starts from the placement of the automated decision in the general theory of administrative action and the identification of the constraints applicable to the automation of administrative decisions. It then proceeds to examine the new categories of defects introduced by the automated administrative decisions and to study the non-contractual liability of Public Administration, concluding by applying the abnormal operation of public service regime to losses generated by unlawful automated administrative decisions.
|Date of Award||21 Jan 2021|
- Universidade Católica Portuguesa
|Supervisor||Rui Medeiros (Supervisor)|
- Administrative decision
- Legal certainty
- Discretionary powers
- Defects of the automated administrative decisions