AUTOMATED DECISION-MAKING IN ADMINISTRATIVE PENAL MATTERS

Automated decision-making in administrative punishment brings new challenges in the area of legal regulation and state responsibility. This article analyses the existing legal regulations that determine the conditions of liability for damage caused by artificial intelligence decisions in administrative law, with an emphasis on administrative punishment. Particular attention is paid to Act No. 514/2003 Coll. on liability for damage caused in the exercise of public authority and its applicability to cases of incorrect official procedures of systems using artificial intelligence. The paper also assesses the impact of European legislation, in particular the Artificial Intelligence Act (AIA) and the GDPR, on liability relationships in public administration. The article also deals with mechanisms for judicial review of artificial intelligence decisions, the need for transparency and ethical issues of automated decisionmaking. It concludes by identifying key challenges and recommendations for the regulation of artificial intelligence in administrative punishment.