The decisional value of information in European semi-automated decision-making

in Review of European Administrative Law (2021), 2(14), 29-50

This article asserts that the automated processing of information, such as via large-scale information systems in the Area of Freedom, Security and Justice (AFSJ), alters the ‘value’ of information from a ... [more ▼]

This article asserts that the automated processing of information, such as via large-scale information systems in the Area of Freedom, Security and Justice (AFSJ), alters the ‘value’ of information from a means of assistance to a key decisional asset. Information in its different forms, whether paper-based or digital, has always been fundamental to decision-making conduct. Concretely, the premise holds that decisions shall be based on correct, full, and adequate knowledge and reasoning. Technological innovation has, however, magnified information capacities and significance. The article in that respect maintains that the ‘decisional value’ of automatically-processed information consequently also alters the nature of the respective decision-making – from a conventional type where the agent exercises discretion to a ‘semi-automated’ conduct in which automation inhibits the agent’s decision-making capacity. The recognition of such transformation is necessary for the law to keep up with the technological progress and safeguard rights of individuals who are subjects of such semi-automated decisions. [less ▲]

The Duty of Care in EU Public Law - A Principle Between Discretion and Proportionality

in Review of European Administrative Law (2020)

This article concentrates on the ‘duty of care’ or ‘diligence’, a principle that has become ubiquitous in CJEU case law due to its central role in calibrating the intensity of judicial review of EU acts ... [more ▼]

This article concentrates on the ‘duty of care’ or ‘diligence’, a principle that has become ubiquitous in CJEU case law due to its central role in calibrating the intensity of judicial review of EU acts on the legislative, regulatory and single-case decision-making levels. It explores the development of the principle and critically reviews its use as well as whether it actually achieves the demands placed on it. The article further examines the tools developed and the emergence of the duty of care as a principle conferring individual rights in various procedural contexts. It describes how the duty of care has become a central link between on the one hand, a separation of powers-inspired respect for discretion of the institutions and bodies of the EU and, on the other hand, ensuring a rule of law based effective review of the legality of acts – a central feature in the EU specific approach to developing proportionality. [less ▲]

The ECrtHR's interference in the dialogue between national courts and the Court of Justice of the EU: Implications for the Preliminary Reference Procedure

in Review of European Administrative Law (2015)

Seven Challenges for EU Administrative Law

in Review of European Administrative Law (2009)

This contribution has the objective to reflect on existing and impending challenges to EU public law from an administrative perspective. This will be undertaken against the fast-paced developments of the ... [more ▼]

This contribution has the objective to reflect on existing and impending challenges to EU public law from an administrative perspective. This will be undertaken against the fast-paced developments of the past 50 years linking various levels of government and administration in the Member States and the EU to administrative networks which are active also on the international scene. In this context, European administrative law has grown and evolved and has become an important, yet often not very fully understood, factor shaping the reality of policy implementation in the EU. [less ▲]