Administrative Review Research Articles

The Procurement Law in Albania: Effects in the Albanian Economy and State Budget

The purpose of the study is to analyze and discuss Law no. 162/2020, "On the procurement public", which is a law harmonized and integrated with the directives of the European Union (2014/24, directive 2014/25 and directive 89/665 EEC, 92/13/EEC on legal remedies and administrative review) and, for this, it is necessary to analyze the effects of this Law in the Albanian economy as well as in the state budget. Also, based on the data from public institutions, possible recommendations will be given to further align the Albanian procurement legislation with the relevant EU acquis. In addition, the problems arising during the implementation of this law in practice by contracting authorities and economic operators will be analyzed, with the aim of facilitating the procurement process for all parties and the regulatory authority in the field of public procurement through the further transposition of EU directives as well as addressing ambiguities and problems.

Limiting bureaucratic discretion? Analyzing the design and exercise of administrative judicial review in the welfare sector

AbstractThis article develops a framework for understanding how the design of administrative judicial review can circumscribe the discretion of different bureaucratic actors. The framework proposes that bureaucratic discretion is limited to a great extent if courts can (i) overturn bureaucratic decisions on substantive grounds, (ii) review decisions associated with high economic costs, and (iii) issue detailed instructions for how rulings are to be implemented. Applying the framework to the Swedish case, we first show that the legislative design of the judicial review process allows administrative courts to greatly limit the discretion of senior officials and street‐level bureaucrats. Second, we show that Swedish courts defer to the expertise of bureaucratic actors in the welfare sector by sparingly overturning decisions. However, when courts actually overturn decisions, they frequently limit bureaucratic discretion by issuing detailed judgments in high‐cost cases, possibly undermining the conditions for good governance.

Administrative Review in Refugee Cases: The Vulnerable Persons Guidelines and the Role of Legal Representatives

In this article, we examine how the vulnerability of asylum seekers informs the refugee status determination process in Australia, focussing on administrative review. As vulnerability is not defined under Australian migration law, we turn to international law to explore its meaning and its relationship with international non- refoulement obligations. We then examine the Administrative Appeals Tribunal’s (‘AAT’) Guidelines on Vulnerable Persons and, following a systematic review of published AAT decisions between 2015 and 2022, explore its impact on decision-making. This analysis shows that identifying a person as ‘vulnerable’ can have significant procedural and substantive implications for the review process. With a significant backlog of protection visa cases at the AAT and the imminent establishment of the new Administrative Review Tribunal, finally, we consider the role of legal representatives in complex cases involving vulnerable persons.

Characterizing medical patients with delirium: A cohort study comparing ICD-10 codes and a validated chart review method.

Delirium is a major cause of preventable mortality and morbidity in hospitalized adults, but accurately determining rates of delirium remains a challenge. To characterize and compare medical inpatients identified as having delirium using two common methods, administrative data and retrospective chart review. We conducted a retrospective study of 3881 randomly selected internal medicine hospital admissions from six acute care hospitals in Toronto and Mississauga, Ontario, Canada. Delirium status was determined using ICD-10-CA codes from hospital administrative data and through a previously validated chart review method. Baseline sociodemographic and clinical characteristics, processes of care and outcomes were compared across those without delirium in hospital and those with delirium as determined by administrative data and chart review. Delirium was identified in 6.3% of admissions by ICD-10-CA codes compared to 25.7% by chart review. Using chart review as the reference standard, ICD-10-CA codes for delirium had sensitivity 24.1% (95%CI: 21.5-26.8%), specificity 99.8% (95%CI: 99.5-99.9%), positive predictive value 97.6% (95%CI: 94.6-98.9%), and negative predictive value 79.2% (95%CI: 78.6-79.7%). Age over 80, male gender, and Charlson comorbidity index greater than 2 were associated with misclassification of delirium. Inpatient mortality and median costs of care were greater in patients determined to have delirium by ICD-10-CA codes (5.8% greater mortality, 95% CI: 2.0-9.5 and $6824 greater cost, 95%CI: 4713-9264) and by chart review (11.9% greater mortality, 95%CI: 9.5-14.2% and $4967 greater cost, 95%CI: 4415-5701), compared to patients without delirium. Administrative data are specific but highly insensitive, missing most cases of delirium in hospital. Mortality and costs of care were greater for both the delirium cases that were detected and missed by administrative data. Better methods of routinely measuring delirium in hospital are needed.

529 Implementation of a Clinical Research Feasibility Program at an Academic Medical Center

OBJECTIVES/GOALS: The objectives are 1) to describe the creation and implementation of a Clinical Research Feasibility Program at the University of Miami Miller School of Medicine (UMMSOM), and 2) to share early findings demonstrating its effectiveness in improving research operations which may be helpful for other academic medical centers. METHODS/STUDY POPULATION: Many clinical trials are closed prematurely because of low accrual or not being able to meet the target enrollment. The Miami CTSI and UMMSOM Executive Dean for Research office collaborated to establish the Research Feasibility Committee (RFC) focusing on clinical trial selection with upfront feasibility and recruitment planning. Program implementation included: 1) selecting faculty with successful clinical trial track records as committee members; 2) developing processes, tools, and governance; 3) feasibility pilot testing; and 4) feasibility program roll out and refinement. The feasibility review process starts with the PI/Designee completing a REDCap study intake form, followed by an administrative review to ensure completeness of the form. The RFC chair assigns reviewers for the studies. RESULTS/ANTICIPATED RESULTS: The RFC went live on September 1, 2022 reviewing industry sponsor clinical research studies. The RFC conducts a systematic feasibility assessment of the study protocol, operational requirements, enrollment barriers, institutional resources, and study budget (if available) for all applicable research studies prior to IRB submission and contract negotiation at the UMMSOM. To date, the RFC has received over 270 submissions. Based on feedback from users, the committee has made changes to improve the comprehension of questions and added questions to ensure capturing of critical information to assess study feasibility. Initial metrics suggest simply implementing the review process has decreased the number of clinical trial submissions: average number of studies per quarter was 41 pre-RFC vs 24 post RFC. DISCUSSION/SIGNIFICANCE: The development and implementation of the RFC involved many stakeholders from the research enterprise. Clear and frequent communication to the research community was a key factor in the program’s success. The next phase is assessing the impact of the RFC, such as preserving vital resources for trials more likely to be successful.

论行政规范性文件司法附带审查的性质

Administrative Normative Documents are simultaneously administrative and legal which determines that there are objectively two different types of judicial review for administrative normative documents, namely administrative trial review and legal applicability review. From the perspective of review conditions and results, the judicial review of administrative normative documents stipulated in the current Administrative Litigation Law can only be considered as a legal applicability review. The legal applicability review is a necessary part of judicial trial, and is not a unique issue in administrative litigation. It is not only related to administrative normative documents and should not be specifically stipulated in the Administrative Litigation Law, but should be stipulated in the Constitution or the Court Organization Law. From the perspective of legal applicability review, there are also many problems in the current law regarding the intensity and procedures of judicial review. Finally, the legal applicability review cannot fulfill the function of legal supervision over administrative normative documents. China still needs to consider the necessity and possibility of establishing some kind of administrative trial review.

Evidence-based policy making in Japan’s public expenditure: compatibility of fiscal health and investing for the future

ABSTRACT This article focuses on the introduction of evidence-based policy making (EBPM) in Japan, especially in the context of the Kishida administration’s Grand Design and Action Plan for a New Form of Capitalism. First, the introduction and current situation of EBPM in Japan is summarized. It, consists of three allows: key performance indicators (KPIs), policy evaluation, and administrative project review. These are evaluated and briefly compared to EBPM in the US and UK. Next, investment and expenditure for green transformation proposed in the Grand Design is assessed from the perspective of EBPM, pointing to potential pitfalls and what must be done to ensure wise use of public resources for economic growth and sustainability in the future in Japan. This may serve as a reference for other countries.

The Remaking of South African Administrative Law

AbstractThis article explores the remaking of administrative law review in South Africa since the introduction of constitutional democracy in 1994. It characterizes the construction of the constitutional and legislative framework, as well as the courts’ interpretation of that framework, as the first phase of the remaking. The second phase encompasses the courts’ recognition of a constitutional principle of legality based on the rule of law, and their swift development of the content of this principle. This judicial creativity has resulted in an elaborate avenue to review, parallel to the Promotion of Administrative Justice Act 3 of 2000, and has caused problems of rivalry and avoidance. The article identifies and discusses some of the more significant implications of each of these phases of reconstruction. It also proposes corrective measures likely to advance the coherence and effectiveness of judicial review and discourage the adoption of a doctrine of non-justiciability.

Pengaruh Good Corporate Governance Dan Intensitas Modal Terhadap Konservatisme Akuntansi

The utilization of traditionalism can unquestionably affect monetary revealing issues for an organization. Presently, traditionalism procures the upsides and downsides of its application in an organization. However, it is evident that every business must implement sound corporate governance. Bookkeeping traditionalism can be impacted by administrative possession, autonomous magistrates, review quality, and capital force. Therefore, the goal of this study is to demonstrate whether or not these variables can influence accounting conservatism. This study utilizes a quantitative methodology with the estimation of foreordained factors. The populace incorporates all assembling organizations with purposive testing technique. Using the boostrapping method and the T-test, the research findings were evaluated. The outcomes showed that administrative possession and free chiefs affect bookkeeping traditionalism. While the review council and capital force impact review traditionalism. It is clear from the findings that they are consistent with several previous studies and that not all actors have a significant impact on accounting conservatism.
 Keywords: Accounting conservatism, Managerial ownership, Independent commissioner, Audit quality, Capital intensity

Methodology for Assessing Procurement Systems: the Case of Public Procurement Bid Disputes Management in KenyaP.

Purpose: This study sought to assess the efficacy of bid disputes management mechanism in Kenya. Theoretical Framework: Transparency in public procurement proceedings is a concern for most stakeholders. Allowing aggrieved bidders to challenge decisions of procuring entities is considered a critical development in the space of public procurement. The effectiveness and efficiency of bid disputes management mechanism should therefore be a concern for procuring entities, bidders, and development partners especially. This aspect is yet to be explored extensively in Africa. Design/Methodology/Approach: The Methodology for Assessing Procurement Systems (MAPS) as propagated by the Organisation for Economic Co-operation and Development (OECD) helps evaluate the quality of public procurement systems and subsequently strategize on necessary reforms. This study applied MAPS to assess the efficacy of the bid disputes management mechanism in Kenya. Findings: It was established that overall, the public procurement bid dispute management mechanism in Kenya was effective and efficient. However, shortcomings were noted concerning resourcing of Public Procurement Administrative Review Board (PPARB), unaffordable filing fees and accessibility of comprehensive, simple, and clear information on filing procedures. Research, Practical and Social Implications: The findings of this study offer policy recommendations that will help promote effective and efficient management of public procurement bid disputes. Originality/Value: The results of this study contribute to theory, practice and literature in the field of public procurement which is less researched in the Eastern Africa Region. The findings of the study can be replicated in countries that have based their procurement reforms on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Public Procurement. It is to be appreciated that application of MAPS indicators allows for subjective judgments by the assessor.

Methodology for Assessing Procurement Systems: the Case of Public Procurement Bid Disputes Management in KenyaP.

Purpose: This study sought to assess the efficacy of bid disputes management mechanism in Kenya. Theoretical Framework: Transparency in public procurement proceedings is a concern for most stakeholders. Allowing aggrieved bidders to challenge decisions of procuring entities is considered a critical development in the space of public procurement. The effectiveness and efficiency of bid disputes management mechanism should therefore be a concern for procuring entities, bidders, and development partners especially. This aspect is yet to be explored extensively in Africa. Design/Methodology/Approach: The Methodology for Assessing Procurement Systems (MAPS) as propagated by the Organisation for Economic Co-operation and Development (OECD) helps evaluate the quality of public procurement systems and subsequently strategize on necessary reforms. This study applied MAPS to assess the efficacy of the bid disputes management mechanism in Kenya. Findings: It was established that overall, the public procurement bid dispute management mechanism in Kenya was effective and efficient. However, shortcomings were noted concerning resourcing of Public Procurement Administrative Review Board (PPARB), unaffordable filing fees and accessibility of comprehensive, simple, and clear information on filing procedures. Research, Practical and Social Implications: The findings of this study offer policy recommendations that will help promote effective and efficient management of public procurement bid disputes. Originality/Value: The results of this study contribute to theory, practice and literature in the field of public procurement which is less researched in the Eastern Africa Region. The findings of the study can be replicated in countries that have based their procurement reforms on the United Nations Commission on International Trade Law (UNCITRAL) Model Law on Public Procurement. It is to be appreciated that application of MAPS indicators allows for subjective judgments by the assessor.

NIGERIA PUBLIC PROCUREMENT ACT AND THE WAR AGAINST CORRUPTION: IDENTIFYING THE MISSING LINK

Developing countries such as Nigeria have a common enemy of economic, social and political development – corruption. The need to end corruption was one of the major reasons the military gave for forcefully taking over the seat of government in Nigeria. Even when the country returned to civil rule, opposition parties have accused the government in power of mismanagement of public funds and often promised to end corruption if elected into power. It is an incontrovertible truth that one area where corruption exists in Nigeria is Public Procurement. However, in 2007 the Nigerian government enacted the Public Procurement Act (PPA) to battle corruption in its procurement process. Despite this, the nation's procurement process is still characterized by irregularities as evident from the many cases of infractions of the procurement guidelines in some government quarters. This paper undertakes a review of the PPA (2007) vis-à-vis its provisions on anti-corruption in comparison with international best practices to identify any missing link. The study reveals that though the PPA has improved the procurement process in Nigeria, it cannot sufficiently eliminate fraud and corrupt practices because it has some loopholes. These loopholes include, amongst others: non-provision for an automated tendering system, passive roles played by the civil society organizations/ professional bodies in procurement implementation and the absence of an independent administrative review body. The study, therefore, recommends the reform of the PPA which will incorporate the identified missing links to battle corruption in public procurement effectively.

DESIGNING FOR PROGRAM SUSTAINABILITY: AN EVALUATION OF BC’S PROVINCIAL BETTER AT HOME PROGRAM

Abstract Better at Home programs help older adults in communities across British Columbia with non-medical tasks such as light housekeeping, yard work, transportation to appointments, grocery and meal delivery, and friendly visiting, helping them to remain at home and stay connected to their communities. Better at Home is funded by the Province of British Columbia and managed by the United Way. An evaluation of 81 Better at Home programs took place over 2022/23 focusing on the delivery, design, and sustainability of programs. A multipronged evaluation approach was utilized, including site visits; document and administrative data review; interviews with program staff, older adults, and caregivers (n=87); and a survey of program stakeholders (n=399). Over 2021/22, a total of 244,875 services were provided through Better at Home. The most common services provided were light housekeeping, friendly visiting, prepared meal delivery, and grocery services. The evaluation identified design and delivery best practices (e.g., building trust and relationships), program opportunities (e.g., leveraging communities of practice), and lessons learned (e.g., increasing awareness of burnout, capacity, and duplication). Some challenges to program efficiency were also identified (e.g., increased demand for services and complexity of client needs, staff and volunteer turnover). Six program improvements were recommended to ensure the long-term sustainability of Better at Home programs: 1) Securing multi-year funding that accounts for inflation, 2) Ensuring sufficient human resources for service delivery, 3) Offering strategic training opportunities, 4) Continuing to invest in existing programs, 5) Growing partnerships and community networks, and 6) Providing comprehensive supports to program staff.

On crosswords and jigsaw puzzles: the epistemic limits of the EU Courts and a board of appeal in handling empirical uncertainty

AbstractThis Article sheds new light on the long-running debate in EU legal studies about how intense the EU judicial review of complex and uncertain assessments requiring specialist knowledge could and should be. It argues that it is necessary to move beyond formulas and concepts hammered out in the judicial statements of reasons and consider how the institutional context affects legal epistemology. How likely is it that the judges form an independent opinion about the probative value of the presented evidence and the soundness of the administration’s specialist reasoning? How likely is it that their opinion is reliable? Answering these questions helps appraise the boundaries in which judicial review or proliferating administrative review by partly specialised boards of appeal foster the rule of law understood as the pursuit of non-arbitrariness. The Article examines recent case law of the EU Courts and the Board of Appeal of the European Chemical Agency concerning public health and environmental issues, in which complex and uncertain specialist assessments were prevalent. It contends that, due to institutional limitations of EU adjudicatory bodies, a further expansion of the rule of law in EU decision-making requiring specialist knowledge should be pursued through extra-judicial means fostering transparency, inclusiveness, and accountability.

Taking Prison to Court: Exploring the Judicial Review of Prison Decision-Making Through Supreme Court Judges in Israel

Abstract Scholars have criticized the gap between judicial work and the realities of prison life. In this article, drawn from qualitative findings from Supreme Court Judges in Israel, we analysed how such Judges negotiate their administrative judicial review over prison officials’ decisions. We found that through their judicial review, the Judges either bureaucratise, re-sentence the prisoner or reform prison life. Each theme imagines differently both the purpose of judicial review, as well as the values, emotions, legal ‘tool-kit’, and players (prison service, the claiming prisoners) involved in the review process. The findings move the scholarly focus of judicial decision-making from the quantity to the quality of punishment and expand the understanding of judicial consciousness regarding prison life.

Administrative law as a determinant of public health

Administrative law comprises the rules, values, and processes by which government and regulatory decision-making is subject to administrative monitoring, review, and accountability. It impacts public health in two ways: through the design, powers, and processes of institutions that enforce administrative law; and through the substantive rules of administrative law. Yet despite its fundamental regulation of the way in which public health decisions are made, insufficient research has been conducted on administrative law as a determinant of public health. Administrative law and public health operate as siloed academic disciplines with very little cross-disciplinary collaboration, engagement, or understanding. This results in major, untapped research opportunities exploring how administrative law could contribute to an optimized model of planetary health in both higher income and lower-middle income countries. Put simply, a holistic, global view of the determinants of public health must take due account of the accountability rules and controls that regulate how public health, and other, decisions are made. This commentary is a call to action to better understand how administrative law mechanisms, such as judicial review, administrative tribunals, ombudsmen, information commissioners, public auditors, and human rights monitors, can be designed or redesigned to better promote sustainable public health outcomes.

Platelet Count Response to Obstetrical Use of IVIG for Maternal Thrombocytopenia: A 14-Year Retrospective Study

Introduction: Thrombocytopenia affects approximately 10% of pregnant individuals with Gestational Thrombocytopenia (GT) accounting for 80% of cases and Immune Thrombocytopenia (ITP) representing 3% of cases. Distinguishing between GT and ITP is challenging, leading to many pregnant individuals with moderate thrombocytopenia receiving treatment for ‘possible ITP’ with Intravenous Immunoglobulin (IVIG) in attempt to raise platelet counts (PLT) for safe labor and delivery and to potentially allow for neuraxial anesthesia. However, evidence on the impact of IVIG on PLT during pregnancy remains limited, and predictive factors for IVIG response are lacking. We aim to investigate the effect of IVIG on PLT in pregnant individuals with moderate thrombocytopenia (PLT < 100 x 10 9/L). The specific objectives are to assess the incremental response in maternal PLT following IVIG administration, the proportion of PLT exceeding 80 x 10 9/L after IVIG administration, the proportion of incremental increase in PLT by more than 20 x 10 9/L following IVIG administration, and to identify factors associated with these outcomes. Methods: We conducted a retrospective cohort study using administrative and chart review data between 2007-2020. We included all pregnant individuals who received IVIG for moderate thrombocytopenia. Data collected encompassed parameters such as age, gestational age at delivery, platelet counts at various timepoints, highest immature platelet fraction (IPF) during pregnancy, IVIG dose and frequency, hemoglobin levels, transfusions, and corticosteroid use. Data were analyzed using descriptive statistics. Paired t-test was used to compare means of PLT pre- and post-IVIG administration. Simple logistic regression was used to assess predictors of PLT ≥ 80 x10 9/L and PLT increment ≥ 20 x10 9/L post-IVIG. Results: Out of 651 deliveries with moderate thrombocytopenia, 79 (12.1%) received IVIG for a total of 4,527.50 grams and a median dose of 60 g (IQR: 30 - 77.5). Excluding 22 pregnancies due to other interventions such as platelet transfusions (n=12), corticosteroids (n=7), or both (n=3), 57 remained for analysis. The median incremental response in PLT following IVIG administration was 27 x10 9/L (IQR: 3-94). Pre-IVIG PLT median was 65 x10 9/L (IQR: 48-73), and post-IVIG PLT median was 98 x10 9/L (IQR: 69-142). PLT increment ≥ 20 x 10 9/L following IVIG was observed in 54.4% (31/57) of deliveries, and 57.9% (33/57) of deliveries achieved PLT ≥ 80 x 10 9/L following IVIG administration. Mean PLT post-IVIG (M = 112.51 x10 9/L, SD 55.88) were significantly greater than pre-IVIG PLT (M = 59 x10 9/L, SD = 19.71) by 53.51 points, p = < .001. Nadir PLT < 30 in pregnancy was associated with a statistically significant increase in PLT ≥ 80 x10 9/L following IVIG (odds ratio (OR) = 6.29, 95% confidence interval (CI) = 1.25-31.51, p < 0.05) and PLT increment ≥ 20 x10 9/L (OR = 7.58, 95% CI = 1.51-38.05, p < 0.05). An IPF < 16% was also associated with a statistically significant increase in PLT ≥ 80 x10 9/L (OR = 4.85, 95% CI = 1.08-21.76, p < 0.05) and PLT increment ≥ 20 x10 9/L (OR = 4.85, 95% CI = 1.08 - 21.76, p < 0.05). Moreover, a post-IVIG PLT increment ≥ 20 x10 9/L was positively associated with pre-IVIG PLT below 50 x10 9/L (OR = 8.67, 95% CI = 1.73 - 43.33, p < 0.05), but negatively associated with PLT 70-100 x10 9/L (OR = 0.18, 95% CI = 0.05 - 0.57, p < 0.05). For post-IVIG PLT ≥ 80 x10 9/L, there were no statistically significant relationships with gestational age, maternal age, pre-pregnant PLT or pre-IVIG PLT. Similarly, for post-IVIG PLT increment ≥ 20 x10 9/L, there were no statistically significant relationships with GA, maternal age, pre-pregnant PLT, or a pre-IVIG PLT between 50-69 x10 9/L. Conclusions: IVIG administration shows promising results for pregnant individuals with moderate thrombocytopenia. The study highlights the importance of nadir PLT in pregnancy, IPF levels, and pre-IVIG PLT as potential factors influencing the response to IVIG treatment. Our study is limited by its retrospective and single-centered design, and small sample size. Nevertheless, these findings generate hypotheses and could inform future prospective multicenter studies to optimize IVIG administration in this setting, considering its effectiveness and potential risks while minimizing costs.

Legal Administrative Review of Deviations in the Execution of State Administrative Court Decisions in Indonesia

The role of the Administrative Court in resolving disputes within the "Government Administration" in Indonesia caused by the absence of executive power has a significant impact. The State Administrative Court, Legal Proceedings Law, regulates the integration and clarification of the enforcement of State Administrative Court decisions, so the execution of the decision is genuinely dependent on the good faith of the government body or its officials in complying with the law. The problem of executing the decisions of the State Administrative Court is a common legal phenomenon. As mentioned by Paulus Effendi Lotulung, the issue of execution is present in various countries; even though multiple regulations and mechanisms regulate it, but there is still no sufficiently effective coercive legal means to force the relevant agencies or officials to comply with the decision. Several factors that cause the weakness of the execution of State Administrative Court (PTUN) decisions that have obtained legal force are as follows: First, the absence of legal regulations that require State Administrative Court officials to implement legally binding court decisions. Second, the factor of judges' reluctance to include forced monetary payments in case the relevant State Administrative Court officials do not execute the court decision. Third, the compliance factor of State Administrative Court officials in carrying out legally binding court decisions. The issue of executing State Administrative Court decisions is also related to the implementation of regional autonomy, as with regional autonomy, all regional government officials in districts/cities have extensive authority in managing their regions and inevitably use administrative decision-making methods.

좋은 행정 구현을 위한 청문절차 개선과제

The hearing system in the context of the European Charter of Fundamental Rights is crucial in achieving ‘Good Administration.’ While recognized as a fundamental component of administrative procedures in South Korea, its practical utility appears to be limited. This article aims to emphasize the institutional problems and propose improvements in the current administrative review system, particularly focusing on realizing good administration. Firstly, the current selection process of hearing panelists does not ensure professionalism and fairness, often prioritizing government officials. It is suggested to adopt a comparative approach, akin to the U.S. Administrative Law Judge system, where a lawyer's qualification is a prerequisite. Additionally, establishing an independent administrative review body to guarantee operational independence is recommended. Secondly, there is a concern regarding the expansion of criteria for conducting hearings. For discretionary reviews, granting individuals the right to request a review is vital, rather than relying solely on the judgment of administrative agencies. Also, recognizing the need for a review in cases of refusals of profitable administrative actions is essential. Thirdly, concerning the hearing process itself, it is reasonable to publish the panelists' opinions in the interest of the involved parties, expand their rights to access information, and generally open up hearings to enhance transparency. Fourthly, concerning the effectiveness of hearing outcomes, it is deemed more suitable to operate with an acknowledgment of practical enforceability rather than bestowing legal binding force upon hearing outcomes. Lastly, to ensure the effectiveness of objections in alignment with recent amendments to the Administrative Basic Act, it is reasonable to introduce hearings within the objection process. Considering ways to link hearings with the results of administrative appeals is also necessary for the substantive realization of the hearing system.

Legal Considerations in Machine-Assisted Decision-Making: Planning and Building as a Case Study

The rise of automated decision-making in government poses both benefits and challenges. This article identifies and examines legal considerations relevant to governments and businesses in automating existing decision-making processes, focussing on planning permits and building approvals as a case study. It examines issues of transparency, algorithmic bias, privacy, data and intellectual property rights, as well as the implications of the use of generative Artificial Intelligence (AI). It also considers legal issues including whether decisions can be automated and if so, whether they are susceptible to judicial and administrative review; legal liability for damage caused by the use of AI in government decision-making; and the admissibility of AI-generated information. It is argued that although the use of AI provides significant benefits in terms of speed, efficiency and quality of decision-making, attention to the considerations of transparency, responsibility, privacy, liability and admissibility is required to minimise the risks of utilising AI systems.