Governance of Automated Decision-Making and EU Law

by Hofmann, Herwig C.H.; Pflücke, Felix

• ISBN13: 9780198919544
• ISBN10: 0198919549
• Format: Hardcover
• Copyright: 2024-11-27
• Publisher: Oxford University Press

Summary

Governance of Automated Decision-Making and EU Law presents a comprehensive and nuanced exploration of the intricate relationship between technological innovation and democratic governance in Europe. Focused on preserving constitutional values within the European Union, the book rigorously examines the profound impact of information technologies on rule-making and decision-making processes. The dual objectives of the volume are to comprehensively explore the impact of innovative information technologies on the EU's public law and to devise future-proof regulatory strategies in the face of rapid technological advancements. Addressing the spread of information technology and automated decision-making processes across EU policy sectors, the work delves into potential risks to democratic principles and accountability standards. Advocating for a comprehensive approach, the volume integrates legal, policy, and technological considerations to establish accountability standards for automated decision-making systems.

Tailored for academics, researchers, and policymakers, Governance of Automated Decision-Making and EU Law provides a vital resource for understanding the complexities and opportunities associated with the digitalization of shared administration in the EU. It contributes significantly to the ongoing discourse on safeguarding constitutional values and principles of good governance in the digital era. The findings underscore the interconnectedness of information systems across EU-regulated policy areas and the risks posed by automated decision-making systems. Urging attention to transparency and accountability, the book addresses these concerns through eleven chapters, offering insights into normative requirements, administrative procedures, market regulation, digital health, borders and immigration, political advertising, interoperability framework, AI technology, and their intersection with legal principles.

This is an open-access title available under the terms of a CC BY-NC-ND 4.0 International license.

Author Biography

Herwig C.H. Hofmann, Professor of European and Transnational Law, Faculty of Law, Economics, and Finance, University of Luxembourg,Felix Pflücke, Postdoctoral Researcher, University of Luxembourg

Herwig C.H. Hofmann is Professor of European and Transnational Public Law in the Faculty of Law, Economics, and Finance at the University of Luxembourg. His teaching and research focuses on European constitutional, administrative, and regulatory law, as well as international trade and comparative public law. He was previously a member of the faculty of the School of Law, Trinity College, Dublin.

Felix Pflücke is a Postdoctoral Researcher in Law, ADA Chair in Financial Law, University of Luxembourg and Technology in the Faculty of Law, Economics, and Finance at the University of Luxembourg. His research focuses on EU Digital Law and European Private Law, with a particular interest in comparative and empirical approaches. He was previously a lecturer, doctoral researcher, and student at the University of Oxford. He holds a lectureship in EU Law at Somerville College, Oxford.

Table of Contents

1. Automated Decision-Making (ADM) in EU Public Law, Herwig C.H. Hofmann2. Assessing Cyber Delegation in European Union Public Law, Herwig C.H. Hofmann3. Algorithms, Automation, and Administrative Procedure at EU Level, Oriol Mir4. Collaborative Governance of the EU Digital Single Market Established by the Digital Services Act, Jens-Peter Schneider, Kester Siegrist, and Simon Oles5. A Digital Health Infrastructure for Cross-Border Governance of Communicable Diseases: A Case Study on the COVID-19 Pandemic, Franka Enderlein6. Smart Border is Watching You! Fundamental Rights Implications of Automated Data Processing and Decision-Making at the EU Border, Paulina Jo Pesch and Franziska Boehm7. Between Humans and Machines: Judicial Interpretation of the Automated Decision-Making Practices in the EU, Sümeyye Elif Biber8. Freedom of Political Speech Lost in Translation? The Four Regulatory Frames of Automated and Targeted Political Advertising in EU Law, Sam Wrigley, Miikka Hiltunen, and Päivi Leino-Sandberg9. The Interplay Between Lawfulness and Explainability in the Automated Decision-Making of EU Administration, Davide Liga10. Interoperability in the EU: Paving the Way for Digital Public Services, Felix Pflücke11. Automated Decision-Making in EU Public Law and Governance, Herwig C.H. Hofmann and Felix Pflücke