Article analyzes automation's impact on reasoning for decisions in public administration, highlighting the need for intelligible justifications.
The article analyses how automation in public administration reshapes the duty to give reasons for administrative decisions. It conceptualises “automated reasoning” as the design of machine-based justifications, extending beyond standard reasons to the selection, weighting, and communication ofvariables and legal norms. Using a tripartite framework, factual circumstances,discretionary factual assessments, and legal circumstances, it shows how modeldesign can conceal discretion, overload recipients with complex variable interactions, or shift justificatory burdens through hyper-links and external repositories. Drawing on the Danish property-valuation system and insights from Finnish, German, Norwegian, and Danish law, the article demonstrates a growing regulation of automated discretion but an absence of standards for explanations. It argues that GDPR Article 15(1)(h), as interpreted by the CJEU in the seminal Dun &Bradstreet judgement, together with the AI Act Article 86, should guide ex ante administrative system design so that automated reasons remain human-intelligible and reviewable.
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Jøren; id_orcid 0000-0002-2498-3318 Ullits (2025) studied this question.
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