Algorithmische Entscheidungen im Verwaltungsverfahren

The use of AI in the form of machine learning algorithms poses considerable challenges for administrative procedural law. This is because algorithms are often opaque to humans due to their complexity, meaning that errors cannot be recognised immediately. With the principles of official investigation, hearing of participants and statement of reasons, procedural law places fundamental requirements on the decision-making process of the administration. The paper examines the extent to which the use of algorithms can be reconciled with these requirements and whether the principles can continue to fulfil their functions under the changed conditions. The extent to which the law is based on assumptions about human thinking is also analysed.