The use of automated decision-making systems (ADMs) and artificial intelligence (AI) in the public sector is becoming more prevalent, as a result of the increasing demand for simplified, user-friendly, expedited, and round-the-clock available services. Governments are increasingly using AI for public administration innovation and transformation, redefining how they design and deliver policies and services.

The question remains whether rules and principles of administrative law are sufficiently future proof to regulate new forms of decision-making effectively, as the use of artificial intelligence introduces both new opportunities and new risks to public administration. Accordingly, the deployment of ADMs and AI in the public sector, in particular in administrative decision-making, should be accompanied by additional safeguards with the aim to ensuring transparency and accountability, as well as reducing risks, and preventing or remedying any possible infringements of the rights of the concerned individuals.

In accordance with its Terms of Reference (2022-2025), The CDCJ established in 2022 a limited working group on administration and artificial intelligence (CDCJ-ADMIN-AI) with the aim of assisting the CDCJ in this area, including by preparing proposals on possible future work by the CDCJ in this field, as well as by updating the handbook “The Administration and You” in the context of algorithmic decision-making. The CDCJ and its working group CDCJ-ADMIN-AI thus updated the handbook “The Administration and You” (3^rd edition), which sets out and explains the substantive and procedural principles which govern relations between public authorities and individuals, in order to take into account the increasing use of artificial intelligence systems and automated decision making by public authorities and its impact on their dealings with individuals.

The CDCJ will continue to work on the topic of AI and, according to its Terms of Reference, will prepare, as a first step, a feasibility study on the need for an instrument on the use of AI in context of policing, the administration of justice and borders/migration. The Committee will decide on its next steps based on the results and findings of this report.