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    Home » The Limits of AI in Public Administration: A Legal Perspective
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    The Limits of AI in Public Administration: A Legal Perspective

    techgeekwireBy techgeekwireMay 4, 2025No Comments3 Mins Read
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    Juli Ponce Solé, a 57-year-old professor of administrative law at the University of Barcelona, has recently published a comprehensive manual on the appropriate use of artificial intelligence (AI) in public administrations. The manual, titled ‘The European Union’s 2024 Artificial Intelligence Regulation, the Right to Good Digital Administration, and its Judicial Control in Spain,’ addresses the complex issues surrounding AI implementation in government sectors.

    Ponce Solé, an expert in administrative law, acknowledges that while AI can be a valuable tool for civil servants, it also poses significant risks due to its lack of empathy and emotional understanding. ‘Their lack of empathy and other emotions means they cannot make decisions that affect humans,’ he asserts. This limitation is critical in public administration, where decisions often involve nuanced human judgment and ethical considerations.

    The Current State of AI in Public Administration

    Ponce Solé encourages his students to use AI tools like ChatGPT, while also teaching them about the technology’s limitations. He notes that AI can be useful for initial research and organization but is not reliable for accessing specific case law or legal precedents. ‘ChatGPT either makes it up or is more honest and tells you it doesn’t have access to case law databases, which is a significant shortcoming,’ he explains.

    The use of AI in public administration is currently unregulated, with no clear guidelines or ethical protocols in place. Ponce Solé describes this as a ‘Wild West moment,’ where public servants are left to determine their own approach to AI without oversight or standardized practices.

    The Risks of Unchecked AI Use

    One of the primary concerns with AI in decision-making is its lack of emotional intelligence and empathy. Ponce Solé points out that ‘100% of AI machines are psychopaths because they lack empathy.’ This characteristic makes AI unsuitable for decisions that require understanding human emotions and ethical nuances.

    The European Union’s AI regulation addresses this concern by stipulating that AI cannot be used to make final judgments. Instead, it should be used as a tool to assist human decision-makers. Ponce Solé supports this approach, advocating for a collaboration between machines and humans. ‘The ideal would be a collaboration between machines as assistants and humans as final decision-makers,’ he states.

    The Challenge of Human Oversight

    While the EU regulation provides a framework for AI use, Ponce Solé warns of the potential for ‘automation bias,’ where humans trust AI outputs too heavily. ‘We tend to trust machines too much,’ he notes. There’s also the risk that humans might use AI as a way to avoid responsibility, a phenomenon known as ‘defensive bureaucracy.’

    The Future of AI in Public Administration

    Ponce Solé suggests that while AI will likely reduce the need for certain public sector jobs, it can also be used to improve services. For instance, AI could help identify eligible citizens for benefits or services proactively, rather than waiting for them to apply.

    The key, according to Ponce Solé, is finding a balance between leveraging AI’s capabilities and maintaining human oversight. He proposes the concept of a ‘humanity reserve’ – certain tasks and decisions that should remain within the purview of human judgment due to their sensitivity and impact on citizens’ rights and interests.

    In conclusion, while AI has the potential to enhance public administration, its implementation must be carefully managed to avoid the risks associated with unchecked technological advancement. As Ponce Solé emphasizes, ‘We’re going to try to avoid dystopias.’ The challenge lies in striking the right balance between technological innovation and human values.

    Artificial Intelligence Juli Ponce Solé Legal Ethics Public Administration
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