Semantic Limits of Administrative Discretion in the Context of Digital Transformation of Public Administration: A Jurislinguistic Approach

The subject of the research is the correlation between the content of legal norms allowing for administrative discretion and the rules for their application in information systems. When developing the algorithm, it is determined which information the system will take into account and what options for solutions it will be able to generate. Errors in interpreting the norm may lead to legally significant circumstances being overlooked, and permissible options in a specific case being excluded. This can effectively limit the statutory choice or lead to a decision being made beyond the authority without changing the legal regulation itself. The law also provides for the possibility of an authorized subject to conduct an independent assessment of the circumstances. The aim of the article is to define the criteria for observing the semantic limits of administrative discretion in automated decision-making. A formal-legal method and semantic analysis have been used. Potential discrepancies between the content of the legal norm and the rules for its application in the information system have been examined, particularly in terms of clarifying evaluative concepts, taking into account legally significant circumstances, and defining permissible solution options. The article provides justifications for the criteria that can be used to verify compliance with the semantic limits of administrative discretion when using an information system. To achieve this, the content of the norm should be compared with the characteristics and conditions fixed in the algorithm, and it should be established what interpretation was adopted during its development. It is also checked whether all legally significant circumstances have been taken into account and whether the possibility of choosing any of the permissible options in the specific case has been preserved. An error in interpretation may effectively limit the statutory choice or lead to a decision being made beyond the authority. The legal regulation itself remains unchanged in this context. Therefore, both the decision made and the rules governing the operation of the system are subject to legal assessment. The authorized subject must retain the statutory opportunity to independently assess the circumstances of the case and choose a decision.