The case, explained
Justice Recruitment Mega-Appeal: The Verdict on Algorithm Use
6 min read · Updated June 2026 · Editorial oversight: Avv. Federico Papa
The case of the Ministry of Justice's mega-recruitment for PNRR roles, developed between 2021 and 2023, has raised significant questions regarding digital transparency. According to reports from publications such as Il Messaggero and gNews, the focus is on the legitimacy of automated corrections and digital notification procedures involving thousands of candidates. In this article, we will analyze how administrative justice is balancing technological efficiency with the right of defence. By examining the rules and principles of transparency, we will reconstruct the case and present a hypothetical twin case to illustrate the risks and protections available in automated selection scenarios.
In brief
The article examines the litigation regarding Ministry of Justice recruitment procedures, focusing on challenges against correction algorithms and notifications by public proclamation. Analyzing the Code of Administrative Procedure and the GDPR, it explores the principle of algorithm knowability. A hypothetical twin case is presented to explain the burden of proof in the event of tablet malfunctions and the defense strategies available to excluded candidates.
The facts
According to reports from Il Messaggero, gNews, and Enti Locali & PA, between 2021 and 2023, the Ministry of Justice launched procedures for thousands of positions, including over 8,000 Office for the Process clerks. Thousands of excluded candidates challenged the rankings before the TAR Lazio, claiming errors in the automated IT correction systems.
The case, initially stalled at the precautionary stages, reached the appeal stage before the Council of State. The appellants argue that the automated correction algorithm was a non-transparent black box. A critical point concerns the notification by public proclamation: to reach the thousands of interested parties, the court authorized publication on the Ministry's website, a method contested by those claiming they were not adequately informed of the pending proceedings.
The rules at play
The central rules include Articles 41 and 52 of the Code of Administrative Procedure (D.Lgs. 104/2010), which regulate notification by public proclamation when the number of recipients makes individual notification difficult. Substantively, Articles 1 and 3 of Law 241/1990 mandate transparency and reasoning for every administrative act.
Finally, Article 22 of the GDPR establishes the right not to be subject to decisions based solely on automated processing (AI or algorithms) without significant human intervention, a fundamental principle for challenging evaluations produced exclusively by software.
What case law says
Administrative case law has clarified that the algorithm used by the Public Administration must be considered in all respects an electronic administrative act. Consequently, the principle of knowability applies: the logical-mathematical criteria must be accessible and understandable.
Judges have also developed the human in the loop concept, stating that an automated decision can never be entirely devoid of human verification to ensure its logic. However, in cases of multiple-choice quizzes, courts tend to grant broad technical discretion to the commission, annulling tests only in the presence of macroscopic factual errors or scientifically incorrect questions.
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What it teaches professionals
A lawyer assisting a candidate in a mega-recruitment must:
- Instruct the client on the importance of immediate recorded objections in case of technical issues (frozen tablets or crashes).
- Constantly monitor institutional websites to catch notifications by public proclamation that could trigger appeal deadlines.
- Always request access to the algorithm's logic and not just the results, invoking GDPR and administrative transparency.
- Carefully evaluate filing a querela di falso (action for falsity) if the commission's minutes deny malfunctions that the client believes can be documented.
References: Articoli 41 e 52 D.Lgs. 104/2010 (Codice del Processo Amministrativo)Articoli 1 e 3 Legge 241/1990 (Trasparenza Amministrativa)Articolo 22 Regolamento UE 2016/679 (GDPR)D.Lgs. 165/2001 (Testo Unico Pubblico Impiego)
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Frequently asked questions
What should I do if the tablet freezes during a public competition?
It is essential to immediately call the invigilators and demand that the incident be accurately recorded in the minutes. Without a trace in the exam minutes, it is extremely difficult to prove the malfunction in an administrative appeal.
Is it possible to know the code of the algorithm that graded my test?
Yes, case law recognizes the right of access to the logic of the algorithm. The administration cannot deny it by invoking the commercial secrets of the supplying IT company, as the right to transparency of the administrative act prevails.
How much time do I have to challenge a ranking published by public proclamation?
The ordinary deadline for an appeal to the TAR is 60 days from publication. In the case of public proclamations, the deadline usually starts from the publication date indicated by the court or the administration on its institutional website.
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