Algorithms as Regulations: Considering Algorithms, when Used by the Public Administration for Decision-making, as Legal Norms in order to Guarantee the proper adoption of Administrative Decisions

In this paper, it is argued that the algorithms used by the Public Administrations for the effective adoption of decisions must be considered administrative regulations from a legal point of view because they fulfil a function which is strictly equivalent to that of legal norms, i.e. to regulate and predetermine the action of the public powers. Additionally, it is studied which consequences can be deduced from this assumption in many areas: better regulation procedures for algorithms, complete publication of their code as it is legally binding for every norm and the necessity of legal remedies against algorithms. All these consequences, as stated in the text, represent a significant and necessary increase in relation with the current guarantees existing in our legal system regarding the use of AI by Public Administrations.