The efficiency paradox from the new algorithmic administrative silence

Abstract

The emergence of new artificial intelligence (AI) legislation compels a re-evaluation of classic administrative law principles, moving beyond mere digitalization or e-administration. This article examines the impact of AI-driven automation in public administrations, through the lens of a specific legal construct: the Spanish doctrine of administrative silence. By juxtaposing this traditional legal concept with automated procedures, the analysis highlights the inherent contradictions that arise from the use of software in public governance. It questions whether the opacity in algorithmic decision-making might erode the very values that administrative law seeks to uphold. In response, this paper proposes a novel doctrinal framework termed: ‘Algorithmic Good Administration’. This framework is presented as an essential evolution in European Administrative law, designed to manage the transition towards full procedural automation while safeguarding fundamental legal values. Ultimately, ‘Algorithmic Good Administration’ offers a pathway to resolve the efficiency paradox, ensuring that technological advancement reinforces rather than undermines democratic principles.