Reference : Effective Review in the Age of Information: The Case-study of Semi-automated Decision...
Dissertations and theses : Doctoral thesis
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Law, criminology & political science : European & international law
Law / European Law
Effective Review in the Age of Information: The Case-study of Semi-automated Decision-making based on Schengen Information System
Demkova, Simona mailto [University of Luxembourg > Faculty of Law, Economics and Finance (FDEF) > Department of Law (DL) >]
University of Luxembourg, ​​Luxembourg
Hofmann, Herwig mailto
Neframi, Eleftheria mailto
Mendes, Joana mailto
Lawson, Rick mailto
Curtin, Deirdre mailto
[en] semi-automated decision-making ; effective review ; information ; accountability ; legal protection ; remedies
[en] The speed with which the EU employs automation in large-scale informational cooperation is unparalleled by the attention devoted to the adjustment of the corresponding system of legal protection. Illustrated with the case study of the Schengen Information System, yet as manifested across broader policy areas, the EU's determination to exploit the benefits of information technologies by rendering them ever smarter, fast and efficient, eventually puts to a test the Union’s fundamental values and principles. The technological progress affects not only the European constitutional promise of effective judicial protection but also of good administration. The drive to revolutionise decision-making takes a sway on the very act of deciding, rendering it an ever-more ‘automatised’ behaviour. Against this backdrop, the thesis addresses the research question: to what extent are supervisory authorities able to ensure effective protection to individuals against decisions taken based on large-scale informational cooperation, in light of the challenges arising from technological innovation, namely automation, for the exercise of effective review. The thesis offers a holistic assessment of the existing and novel challenges to effective account-giving and enforcement of individual rights in the EU multilevel system in view of contributing to the debate on the impacts of technological progress on the legal position of private persons. The assessment shows that ex post enforcement of rights is fundamentally weakened where established jurisdictional limits prevent addressing the multijurisdictional and cross-border conduct underpinning data-driven decision-making. Legal protection instead increasingly depends on the array of additional safeguards, including ex ante legal protection through the judicial authorisation or regular monitoring of the automated support systems. Their existence alone, however, does not uphold the constitutional promise of effective judicial protection. The quest to strengthen the available ex post review mechanisms needs to be addressed as the absolute priority in order to balance the magnitude of power exerted by means of automation on both public conduct and private lives.
Fonds National de la Recherche - FnR
Researchers ; Professionals ; Students
FnR ; FNR10965388 > Katalin Ligeti > REMS > Enforcement In Multi-level Regulatory Systems > 15/07/2016 > 14/01/2023 > 2015

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