Transparency Warranties for Algorithmic Decisions in Administrative Procedures. Synopsis between EU Law and the Italian Legal System.

The digital transition of public administration represents a key stage in the modernization of administrative action, in accordance with both national and European legislative rules and the objectives set out in the Italian National Recovery and Resilience Plan. The introduction of digital and artificial intelligence tools into administrative procedures aims to enhance efficiency and decisionmaking quickness, while simultaneously requiring the preservation of the principles of legality and transparency, alongside with the constitutional principle of good administration. This paper examines the relationship between automation and the exercise of public power, focusing on the concept of “algorithmic legality” and on the indispensable role of human oversight in the decision-making process (“human in the loop”). Through the analysis of recent European (AI Act) and national (Law No. 132/2025) regulatory frameworks, as well as the case law of the Italian Council of State, the study highlights how algorithmic transparency serves as an essential safeguard of the legitimacy of digital administrative acts. It argues that ensuring the explainability of automated decisions and adherence to the principles of proportionality, reasonableness, and non-discrimination is crucial for achieving a digital public administration that upholds the rule of law in the age of technological transformation.