Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.24
Sven Hoeppner, Martin Samek
Algorithmic decision-making (ADM) is becoming more and more prevalent in everyday life. Due to their promise of producing faster, better, and less biased decisions, automated and data-driven processes also receive increasing attention in many different administrative settings. However, as a result of human mistakes ADM also poses the threat of producing unfair outcomes. Looming algorithmic discrimination can undermine the legitimacy of administrative decision-making. While lawyers and lawmakers face the age-old question of regulation, many decision-makers tasked with designing ADM for and implementing ADM in public administration wrestle with harnessing its advantages and limiting its disadvantages. “Algorithmic fairness” has evolved as key concept in developing algorithmic systems to counter detrimental outcomes. We provide a review of the vast literature on algorithmic fairness and show how key dimensions alter people’s perception of whether an algorithm is fair. In doing so, we provide entry point into this literature for anybody who is required to think about algorithmic fairness, particularly in an public administration context. We also pinpoint critical concerns about algorithmic fairness that public officials and researchers should note.
{"title":"Procedural Fairness as Stepping Stone for Successful Implementation of Algorithmic Decision-Making in Public Administration: Review and Outlook","authors":"Sven Hoeppner, Martin Samek","doi":"10.14712/23366478.2024.24","DOIUrl":"https://doi.org/10.14712/23366478.2024.24","url":null,"abstract":"Algorithmic decision-making (ADM) is becoming more and more prevalent in everyday life. Due to their promise of producing faster, better, and less biased decisions, automated and data-driven processes also receive increasing attention in many different administrative settings. However, as a result of human mistakes ADM also poses the threat of producing unfair outcomes. Looming algorithmic discrimination can undermine the legitimacy of administrative decision-making. While lawyers and lawmakers face the age-old question of regulation, many decision-makers tasked with designing ADM for and implementing ADM in public administration wrestle with harnessing its advantages and limiting its disadvantages. “Algorithmic fairness” has evolved as key concept in developing algorithmic systems to counter detrimental outcomes. We provide a review of the vast literature on algorithmic fairness and show how key dimensions alter people’s perception of whether an algorithm is fair. In doing so, we provide entry point into this literature for anybody who is required to think about algorithmic fairness, particularly in an public administration context. We also pinpoint critical concerns about algorithmic fairness that public officials and researchers should note.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"25 22","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141106493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.23
Jan Nešpor
The exploration of the “black box” phenomenon underscores opacity challenges in automated administrative decision-making systems, prompting a discussion on the paradox of transparency. Advocating for the concept of “qualified transparency”, the article aims to navigate the delicate balance between understanding and safeguarding sensitive information. Ethical imperatives, including respect for human autonomy, harm prevention, fairness, and explicability, are considered, culminating in recommendations for human participation, ethicality or accountability by design considerations, and the implementation of regulatory sandboxes to test such models prior to broad integration. Ultimately, the article advocates for a comprehensive discourse on transitioning from a human-centric to an automated public administration model, acknowledging the complexity and potential risks involved.
{"title":"Automated Administrative Decision-Making: What is the Black Box Hiding?","authors":"Jan Nešpor","doi":"10.14712/23366478.2024.23","DOIUrl":"https://doi.org/10.14712/23366478.2024.23","url":null,"abstract":"The exploration of the “black box” phenomenon underscores opacity challenges in automated administrative decision-making systems, prompting a discussion on the paradox of transparency. Advocating for the concept of “qualified transparency”, the article aims to navigate the delicate balance between understanding and safeguarding sensitive information. Ethical imperatives, including respect for human autonomy, harm prevention, fairness, and explicability, are considered, culminating in recommendations for human participation, ethicality or accountability by design considerations, and the implementation of regulatory sandboxes to test such models prior to broad integration. Ultimately, the article advocates for a comprehensive discourse on transitioning from a human-centric to an automated public administration model, acknowledging the complexity and potential risks involved.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"11 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141106955","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.26
Jakub Handrlica
Regulation of any activities in space used to be object of international public law for several decades. This had reflected the fact that states as subjects of international public law used to be the key role in the development of space activities. In the last decade, however, there is a rising tendency to govern space activities also by the means of administrative law. Commercialisation and privatisation of space, developments in space tourism and increasing number of space flights have triggered the need to establish rules on permitting, registration and surveillance. Thus, while space activities were matter of regulation by the means of international public law almost exclusively, there has been a considerable tendency towards governing by the means of administrative law. In many jurisdictions, national space acts were enacted in the last decade. This process underlines the argument on gradual emergence of a space administrative law in Europe.
{"title":"The Advent of Space Administrative Law in Europe","authors":"Jakub Handrlica","doi":"10.14712/23366478.2024.26","DOIUrl":"https://doi.org/10.14712/23366478.2024.26","url":null,"abstract":"Regulation of any activities in space used to be object of international public law for several decades. This had reflected the fact that states as subjects of international public law used to be the key role in the development of space activities. In the last decade, however, there is a rising tendency to govern space activities also by the means of administrative law. Commercialisation and privatisation of space, developments in space tourism and increasing number of space flights have triggered the need to establish rules on permitting, registration and surveillance. Thus, while space activities were matter of regulation by the means of international public law almost exclusively, there has been a considerable tendency towards governing by the means of administrative law. In many jurisdictions, national space acts were enacted in the last decade. This process underlines the argument on gradual emergence of a space administrative law in Europe.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"11 7","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141104990","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.27
Richard Pomahač
The computerization of public administration tasks is a reality. In contrast, the intelligence of public administration is shrouded in myths. For many decades, administrative science has contributed to the clarification of this distinction. Digital constitutionalism and technology-oriented administrative law doctrine have recently been added to this research. The basic regulations, proposed and adopted within individual states, in the European Union and in international organizations, whether it concerns the protection of personal data, cyber security, or artificial intelligence, do establish new tasks for public administration, but they affect methods rather than forms of administrative activity. Emerging technology raises concerns about the ability to understand artificial reasoning and its methods of classification, personalization, and prediction. It is questionable to assume that all actions can be quantified and thus everything becomes objective. Technology compounds the situation and has its own imperative.
{"title":"Artificial Public Administration – Myth or Reality?","authors":"Richard Pomahač","doi":"10.14712/23366478.2024.27","DOIUrl":"https://doi.org/10.14712/23366478.2024.27","url":null,"abstract":"The computerization of public administration tasks is a reality. In contrast, the intelligence of public administration is shrouded in myths. For many decades, administrative science has contributed to the clarification of this distinction. Digital constitutionalism and technology-oriented administrative law doctrine have recently been added to this research. The basic regulations, proposed and adopted within individual states, in the European Union and in international organizations, whether it concerns the protection of personal data, cyber security, or artificial intelligence, do establish new tasks for public administration, but they affect methods rather than forms of administrative activity. Emerging technology raises concerns about the ability to understand artificial reasoning and its methods of classification, personalization, and prediction. It is questionable to assume that all actions can be quantified and thus everything becomes objective. Technology compounds the situation and has its own imperative.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"12 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141104983","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.18
Jakub Handrlica
Editorial
社论
{"title":"Introductory Note to “Regulatory Sandboxes, Automatization of Administrative Decision-Making and the Future of Administrative Law”","authors":"Jakub Handrlica","doi":"10.14712/23366478.2024.18","DOIUrl":"https://doi.org/10.14712/23366478.2024.18","url":null,"abstract":"Editorial","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"97 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141106126","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.29
Miroslav Sedláček
The paper focuses on the issue of automated decision-making in civil proceedings. First of all, attention is given to procedural institutes that direct and facilitate automated decision-making, in particular the digital court file and the legal framework of videoconferencing equipment, without focusing on electronic service of documents, which should be a separate paper. Asingle case of legal regulation of automated decision-making in the form of an electronic payment order is then analyzed (cf. Section 174a of the Code of Civil Procedure). For each of these fields, an analysis of digitalization to date is given, which is followed by a consideration of further developments. It also outlines the limits encountered by the use of modern technologies and the potential risks proposed adjustments.
{"title":"National Report on Automation in Decision-Making in Civil Procedure in the Czech Republic","authors":"Miroslav Sedláček","doi":"10.14712/23366478.2024.29","DOIUrl":"https://doi.org/10.14712/23366478.2024.29","url":null,"abstract":"The paper focuses on the issue of automated decision-making in civil proceedings. First of all, attention is given to procedural institutes that direct and facilitate automated decision-making, in particular the digital court file and the legal framework of videoconferencing equipment, without focusing on electronic service of documents, which should be a separate paper. Asingle case of legal regulation of automated decision-making in the form of an electronic payment order is then analyzed (cf. Section 174a of the Code of Civil Procedure). For each of these fields, an analysis of digitalization to date is given, which is followed by a consideration of further developments. It also outlines the limits encountered by the use of modern technologies and the potential risks proposed adjustments.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"38 17","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141103759","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.20
Petr Tomčiak, Jan Škrabka
The regulatory sandbox has been established in many EU Member States as well as developer non-EU countries as a tool for fostering financial innovation. On the contrary, the Czech Republic has not yet prepared a sandbox. The article introduces the topic, discusses the sandbox in the European and international context, and briefly explains the history and current status of financial innovations in the Czech Republic. The authors also discuss the OECD report on recommendations for the design of the FinTech Sandbox. Recommendations of which they find to be unsuitable for implementation due to the fundamental flaws of the report and the omission of an analysis of the Czech legal system. Finally, the authors of this article elaborate on the various options and parameters for the Czech sandbox. The authors recommend implementing a legal definition of a sandbox in the Czech legal system. Also, the authors call for the establishment of a sandbox that could support the development of financial innovation as Czech consumers show a particularly supportive stance towards new technologies.
{"title":"Financial Innovations in Czechia: Considerations for Establishment of Regulatory Sandbox","authors":"Petr Tomčiak, Jan Škrabka","doi":"10.14712/23366478.2024.20","DOIUrl":"https://doi.org/10.14712/23366478.2024.20","url":null,"abstract":"The regulatory sandbox has been established in many EU Member States as well as developer non-EU countries as a tool for fostering financial innovation. On the contrary, the Czech Republic has not yet prepared a sandbox. The article introduces the topic, discusses the sandbox in the European and international context, and briefly explains the history and current status of financial innovations in the Czech Republic. The authors also discuss the OECD report on recommendations for the design of the FinTech Sandbox. Recommendations of which they find to be unsuitable for implementation due to the fundamental flaws of the report and the omission of an analysis of the Czech legal system. Finally, the authors of this article elaborate on the various options and parameters for the Czech sandbox. The authors recommend implementing a legal definition of a sandbox in the Czech legal system. Also, the authors call for the establishment of a sandbox that could support the development of financial innovation as Czech consumers show a particularly supportive stance towards new technologies.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141106686","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.19
Alexandre Flückiger
This paper explores the evolution of the experimental paradigm in legal frameworks, tracing its development from early influences in comparative law to the contemporary application of regulatory sandboxes. It begins with the integration of empirical methods inspired by scientific research into the field of law. The exploration covers various aspects of experimental law, including federalism, comparative law, legisprudence, emergency and incremental legislation, soft law, sunset legislation, temporary regulations, and experimental legislation stricto sensu. The paper concludes by discussing the challenges and implications of balancing experimental law’s flexibility with the need for legal stability and security.
{"title":"Tracing the Evolutionary Path of Experimental Law: from Comparative Law to Regulatory Sandboxes","authors":"Alexandre Flückiger","doi":"10.14712/23366478.2024.19","DOIUrl":"https://doi.org/10.14712/23366478.2024.19","url":null,"abstract":"This paper explores the evolution of the experimental paradigm in legal frameworks, tracing its development from early influences in comparative law to the contemporary application of regulatory sandboxes. It begins with the integration of empirical methods inspired by scientific research into the field of law. The exploration covers various aspects of experimental law, including federalism, comparative law, legisprudence, emergency and incremental legislation, soft law, sunset legislation, temporary regulations, and experimental legislation stricto sensu. The paper concludes by discussing the challenges and implications of balancing experimental law’s flexibility with the need for legal stability and security.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"40 49","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141103554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.28
Radomír Jakab
The development of information technology and its use in everyday life must inevitably have an impact on public administration and its decision-making. Progress in artificial intelligence is also opening up wider opportunities for the use of automation of decision-making processes in public administration. Decision-making processes that once had to be handled by humans can now be automated. However, there must be a sufficient legal basis for this, setting out the legal limits of such automated decision-making. In this paper, the legal possibilities of automation of decision-making processes in the field of public administration in the Slovak Republic were examined, the obstacles that hinder the use of this tool were defined, as well as certain legal solutions eliminating or minimizing the consequences of these obstacles were outlined. The purpose of this paper was not to exhaustively describe and solve the problems with the automation of decision-making processes in public administration in the Slovak Republic. Rather, the purpose was to outline the problem areas that should be addressed in legal research in the coming period.
{"title":"National Report on Automation in Decision-Making in Public Administration in Slovakia","authors":"Radomír Jakab","doi":"10.14712/23366478.2024.28","DOIUrl":"https://doi.org/10.14712/23366478.2024.28","url":null,"abstract":"The development of information technology and its use in everyday life must inevitably have an impact on public administration and its decision-making. Progress in artificial intelligence is also opening up wider opportunities for the use of automation of decision-making processes in public administration. Decision-making processes that once had to be handled by humans can now be automated. However, there must be a sufficient legal basis for this, setting out the legal limits of such automated decision-making. In this paper, the legal possibilities of automation of decision-making processes in the field of public administration in the Slovak Republic were examined, the obstacles that hinder the use of this tool were defined, as well as certain legal solutions eliminating or minimizing the consequences of these obstacles were outlined. The purpose of this paper was not to exhaustively describe and solve the problems with the automation of decision-making processes in public administration in the Slovak Republic. Rather, the purpose was to outline the problem areas that should be addressed in legal research in the coming period.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"41 49","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141103399","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-05-23DOI: 10.14712/23366478.2024.30
Reinhard Bork
The German legal system, as in most continental legal systems, is primarily based on statutes. When deciding a case, judges apply the law as written in norms and do not put their own idea of a just and equitable result in place of the solution provided by the legislature. Seen in this light, statutes are “curdled equity”. This leaves little room for deciding a case under the principle of equity, understood as a means to find a resolution of the tension between the abstract-general provisions of the law and the particularities of the case at hand, i.e., the establishment of justice in individual cases. In this article, the relationship between statute and equity will be illustrated for German private law, highlighting the principle (predominance of statutes) and the exemptions (gateways to equity for legislature and courts). Further examples from German insolvency law complete the picture.
{"title":"Equity in German Private Law","authors":"Reinhard Bork","doi":"10.14712/23366478.2024.30","DOIUrl":"https://doi.org/10.14712/23366478.2024.30","url":null,"abstract":"The German legal system, as in most continental legal systems, is primarily based on statutes. When deciding a case, judges apply the law as written in norms and do not put their own idea of a just and equitable result in place of the solution provided by the legislature. Seen in this light, statutes are “curdled equity”. This leaves little room for deciding a case under the principle of equity, understood as a means to find a resolution of the tension between the abstract-general provisions of the law and the particularities of the case at hand, i.e., the establishment of justice in individual cases. In this article, the relationship between statute and equity will be illustrated for German private law, highlighting the principle (predominance of statutes) and the exemptions (gateways to equity for legislature and courts). Further examples from German insolvency law complete the picture.","PeriodicalId":158742,"journal":{"name":"AUC IURIDICA","volume":"3 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-05-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141105217","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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