مجلة النبراس للدراسات القانونية
Volume 10, Numéro 1, Pages 157-169
2026-06-11
Administrative Decisions Issued By Algorithms In Public Services: The Black Box Problem And The Right To Explanation: A Comparative Study In Light Of Algerian Legislation
Authors : Chabbi Ridha . Farhat Rabie . Brik Abderrahman .
Abstract
Abstract: The algorithmic administrative decision represents one of the most significant legal outputs of the digital revolution that has swept through public services. Artificial intelligence systems are now penetrating the hard core of administrative work by issuing decisions that produce legal effects on citizens' legal status. This study seeks to analyze the legal nature of this emerging category of decisions and to uncover the crisis it generates for the administrative reasoning requirement, due to the "black box" phenomenon, which prevents understanding of the algorithm’s logical pathway. The study further examines the legal solutions proposed by comparative jurisprudence and case law to overcome this problem, foremost among which is the consecration of the "right to explanation" as an emerging procedural guarantee. The study concludes that recent Algerian legislation, particularly Law No. 25-11 of 2025, has established the legal basis for the protection of citizens against arbitrary automated decisions; however, its effective implementation depends on the technical qualification of administrative judges and on the strengthening of institutional control of public algorithms.
Keywords
Algorithmic Administrative Decision ; Artificial Intelligence ; Black Box ; Judicial Review ; Public Service ; Reasoning ; Right to Explanation
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