The article entitled “Artificial Intelligence in Administrative Law: Structural Shortcomings, Regulatory Gaps and Platform Dependency”, published in the “Neue Zeitschrift für Verwaltungsrecht” (NVwZ), deals with the topic AI.
Artificial intelligence (AI) in public administration comes up against a system of administrative procedural law that has not yet integrated probabilistic language models. At the same time, the extraterritorial effect of the Clarifying Lawful Overseas Use of Data Act (CLOUD Act), 18 U.S.C. § 2713, is causing the administration considerable problems regarding platform dependency, culminating in accusations of a lack of (data) sovereignty. The article analyses four structural problem areas, namely the technological gap between the deployment of AI and the pace of legislation, the normative tension between the AI Regulation and the Administrative Procedure Act, the documentation requirement in the light of Article 19(IV) of the Basic Law, and digital sovereignty as a condition of the lawfulness of AI-supported administrative decisions.
The full article can be found in the NVwZ 2026, 1081. The article can be accessed here via beck-online. (external link, opens in a new window)
