In this book, I examined how public authorities’ reliance on algorithmic regulation can affect the rule of law and erode its protective role. I conceptualised this threat as algorithmic rule by law and evaluated the EU legal framework’s safeguards to counter it. In this chapter, I summarise my findings, conclude that this threat is insufficiently addressed (Section 6.1) and provide a number of recommendations (Section 6.2). Finally, I offer some closing remarks (Section 6.3). Algorithmic regulation promises simplicity and a route to avoid the complex tensions of legal rules that are continuously open to multiple interpretations. Yet the same promise also threatens liberal democracy today, as illiberal and authoritarian tendencies seek to eliminate plurality in favour of simplicity. The threat of algorithmic rule by law is hence the same that also threatens liberal democracy: the elimination of normative tensions by essentialising a single view. The antidote is hence to accept not only the normative tensions that are inherent in law but also the tensions inherent in a pluralistic society. We should not essentialise the law’s interpretation, but embrace its normative complexity.

This chapter introduces the main research themes of this book, which explores two current global developments. The first concerns the increased use of algorithmic systems by public authorities in a way that raises significant ethical and legal challenges. The second concerns the erosion of the rule of law and the rise of authoritarian and illiberal tendencies in liberal democracies, including in Europe. While each of these developments is worrying as such, in this book, I argue that the combination of their harms is currently underexamined. By analysing how the former development might reinforce the latter, this book seeks to provide a better understanding of how algorithmic regulation can erode the rule of law and lead to algorithmic rule by law instead. It also evaluates the current EU legal framework which is inadequate to counter this threat, and identifies new pathways forward.

In Chapter 3, I developed this book’s normative analytical framework by concretising the six principles that can be said to constitute the rule of law in the EU legal order. Drawing on this framework, in this chapter I now revisit each of these principles and carry out a systematic assessment of how public authorities’ reliance on algorithmic regulation can adversely affect them (Section 4.1). I then propose a theory of harm that conceptualises this threat, by juxtaposing the rule of law to algorithmic rule by law (Section 4.2). Finally, I summarise my findings and outline the main elements that should be considered when evaluating the aptness of the current legal framework to address this threat (Section 4.3).