Pub Date : 2021-12-15DOI: 10.47745/ausleg.2021.10.2.04
N. Mike
Administrative fines for GDPR infringements are growing rapidly in number, yet companies are presented with an opaque process on how these fines are issued by the data protection authorities (DPAs). In particular, one principle described within the guidelines issued by the European Data Protection Board (EDPB) requires a case-by-case assessment, which is potentially offsetting the automation of administrative fines in the future. This paper is challenging this principle through algorithmic arguments. The suggested approach has its benefits in terms of scalability. Yet, this approach may well receive funded critics due to potential clashes with other principles.
{"title":"Case Study Discovering the Potential for Algorithmic DecisionMaking on Setting GDPR Fines","authors":"N. Mike","doi":"10.47745/ausleg.2021.10.2.04","DOIUrl":"https://doi.org/10.47745/ausleg.2021.10.2.04","url":null,"abstract":"Administrative fines for GDPR infringements are growing rapidly in number, yet companies are presented with an opaque process on how these fines are issued by the data protection authorities (DPAs). In particular, one principle described within the guidelines issued by the European Data Protection Board (EDPB) requires a case-by-case assessment, which is potentially offsetting the automation of administrative fines in the future. This paper is challenging this principle through algorithmic arguments. The suggested approach has its benefits in terms of scalability. Yet, this approach may well receive funded critics due to potential clashes with other principles.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127741862","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 : 2021-12-15DOI: 10.47745/ausleg.2021.10.2.01
Emőd Veress
Artificial intelligence (AI) is an emerging technology in the field of justice, which, though only used in limited fashion, is likely to bring potentially disruptive changes in the future. This study examines some of the most significant characteristics of AI that make it suited, and at the same time unsuited, to application during litigation. Specifically, the problems of opacity in decision making by machine learning algorithms and the lack of a way to project flexible human morality on such systems is emphasized. The author concludes that AI will be a useful tool for preparation of litigation; however, it is less likely to replace the human judge, as adjudication presupposes understanding of human sentiment and the sense of justice, which requires some degree of bias in a positive sense.
{"title":"Can Justice Be Anything Other than Human?","authors":"Emőd Veress","doi":"10.47745/ausleg.2021.10.2.01","DOIUrl":"https://doi.org/10.47745/ausleg.2021.10.2.01","url":null,"abstract":"Artificial intelligence (AI) is an emerging technology in the field of justice, which, though only used in limited fashion, is likely to bring potentially disruptive changes in the future. This study examines some of the most significant characteristics of AI that make it suited, and at the same time unsuited, to application during litigation. Specifically, the problems of opacity in decision making by machine learning algorithms and the lack of a way to project flexible human morality on such systems is emphasized. The author concludes that AI will be a useful tool for preparation of litigation; however, it is less likely to replace the human judge, as adjudication presupposes understanding of human sentiment and the sense of justice, which requires some degree of bias in a positive sense.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127406414","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 : 2021-12-15DOI: 10.47745/ausleg.2021.10.2.09
Zsolt Ződi
Big-data-based legal analytics programs (LAP) appeared in the US in the early 2010s. They work by collecting large amounts of textual data from public databases, usually on websites, refining this data, linking it to other data, and then analysing and presenting it with special software. In this study, I first present the history of LAPs, their different types, key features, and their content and technology fundamentals. In a highlighted example, I also describe their uses through the ‘Judge Analyzer’ module. I will write later in this section about the upheaval that a judge analyser service has caused in France and the arguments and counterarguments that have been voiced in this debate. In the second part, the study describes the legal uses of LAPs and the related concerns. The study divides the concerns into two groups. The first type of general concern points to the possibility of a limited use of ‘data-based law’ and ‘prediction’ in law. The second type of counterargument focuses on the difference between common law and continental legal systems. Finally, the study briefly describes the future of LAPs.
{"title":"Big-Data-Based Legal Analytics Programs. What Will Data-Driven Law Look Like?","authors":"Zsolt Ződi","doi":"10.47745/ausleg.2021.10.2.09","DOIUrl":"https://doi.org/10.47745/ausleg.2021.10.2.09","url":null,"abstract":"Big-data-based legal analytics programs (LAP) appeared in the US in the early 2010s. They work by collecting large amounts of textual data from public databases, usually on websites, refining this data, linking it to other data, and then analysing and presenting it with special software. In this study, I first present the history of LAPs, their different types, key features, and their content and technology fundamentals. In a highlighted example, I also describe their uses through the ‘Judge Analyzer’ module. I will write later in this section about the upheaval that a judge analyser service has caused in France and the arguments and counterarguments that have been voiced in this debate. In the second part, the study describes the legal uses of LAPs and the related concerns. The study divides the concerns into two groups. The first type of general concern points to the possibility of a limited use of ‘data-based law’ and ‘prediction’ in law. The second type of counterargument focuses on the difference between common law and continental legal systems. Finally, the study briefly describes the future of LAPs.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129943560","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 : 2021-12-15DOI: 10.47745/ausleg.2021.10.2.02
Nóra Chronowski, Kinga Kálmán, B. Szentgáli-Tóth
The study constitutes a synthesis of available knowledge on the worldwide implementation of artificial intelligence (AI) in the judicial process. The authors’ objective is to present this information in a structured way and thereby assess the likelihood and potential risks of AI-assisted and AI-based adjudication. The real-life implementation of AI as a supporting tool for human adjudicators, as a means of aiding the drafting of judicial decisions, and as a machine adjudicator are presented and analysed. The authors then contrast available information on AI adjudication with these forms of AI participation in order to discover whether the basic guarantees of a fair trial could be ensured by AI. They examine AI’s potential effects on the public legitimacy of the courts, on access to justice, on the duration of the judicial process, on the publicity of the trials, on the factors considered while investigating evidence, on potential situations of discrimination or bias, and on the (im)possibility of obtaining reasoned rulings from AI entities, permitting the subjection of their decisions to judicial remedies. The authors conclude that AI is likely to remain just an aid for the human judge in the foreseeable future.
{"title":"Artificial Intelligence, Justice, and Certain Aspects of Right to a Fair Trial","authors":"Nóra Chronowski, Kinga Kálmán, B. Szentgáli-Tóth","doi":"10.47745/ausleg.2021.10.2.02","DOIUrl":"https://doi.org/10.47745/ausleg.2021.10.2.02","url":null,"abstract":"The study constitutes a synthesis of available knowledge on the worldwide implementation of artificial intelligence (AI) in the judicial process. The authors’ objective is to present this information in a structured way and thereby assess the likelihood and potential risks of AI-assisted and AI-based adjudication. The real-life implementation of AI as a supporting tool for human adjudicators, as a means of aiding the drafting of judicial decisions, and as a machine adjudicator are presented and analysed. The authors then contrast available information on AI adjudication with these forms of AI participation in order to discover whether the basic guarantees of a fair trial could be ensured by AI. They examine AI’s potential effects on the public legitimacy of the courts, on access to justice, on the duration of the judicial process, on the publicity of the trials, on the factors considered while investigating evidence, on potential situations of discrimination or bias, and on the (im)possibility of obtaining reasoned rulings from AI entities, permitting the subjection of their decisions to judicial remedies. The authors conclude that AI is likely to remain just an aid for the human judge in the foreseeable future.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126627295","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 : 2021-12-15DOI: 10.47745/ausleg.2021.10.2.05
András Osztovits
In the course of this study, the author examines the current and possible future implementations of advanced information and communication technologies from the point of view of private enforcement (adjudication) and specifically the way in which they may contribute to reducing the time and resource requirements of the judiciary. Firstly, the major challenges of the current judiciary are presented, including the overbearing dogmatic approach to old principles of adjudication, resulting in a timeconsuming, costly, labyrinthine, and unpredictable procedure, opening the way to private adjudication achieved via online platforms. In order for state adjudication to survive, modern technologies must be employed to achieve a data-based form of judicial process that is resource-efficient for the users of this ‘service’, while also guaranteeing a fair trial (albeit by electronic means). Such methods would include deployment of information and communication technology tools to aid court–party and party–party communication, using implementations of the blockchain to prevent evidence tampering, renouncing paper-based procedures, and embracing AI-assisted adjudication. Numerous examples of such solutions are provided, with some of their risks also emphasized such as the ‘black box’ phenomenon applicable to AI systems. The author concludes by stating that if private enforcement in the form of judiciary is to survive, it must become competitive with the dispute resolution options now being put forward by private actors.
{"title":"In Technology We Trust? The Present and Possible Future of Private Enforcement","authors":"András Osztovits","doi":"10.47745/ausleg.2021.10.2.05","DOIUrl":"https://doi.org/10.47745/ausleg.2021.10.2.05","url":null,"abstract":"In the course of this study, the author examines the current and possible future implementations of advanced information and communication technologies from the point of view of private enforcement (adjudication) and specifically the way in which they may contribute to reducing the time and resource requirements of the judiciary. Firstly, the major challenges of the current judiciary are presented, including the overbearing dogmatic approach to old principles of adjudication, resulting in a timeconsuming, costly, labyrinthine, and unpredictable procedure, opening the way to private adjudication achieved via online platforms. In order for state adjudication to survive, modern technologies must be employed to achieve a data-based form of judicial process that is resource-efficient for the users of this ‘service’, while also guaranteeing a fair trial (albeit by electronic means). Such methods would include deployment of information and communication technology tools to aid court–party and party–party communication, using implementations of the blockchain to prevent evidence tampering, renouncing paper-based procedures, and embracing AI-assisted adjudication. Numerous examples of such solutions are provided, with some of their risks also emphasized such as the ‘black box’ phenomenon applicable to AI systems. The author concludes by stating that if private enforcement in the form of judiciary is to survive, it must become competitive with the dispute resolution options now being put forward by private actors.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128144527","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 : 2021-12-15DOI: 10.47745/ausleg.2021.10.2.03
Jacek Gołaczyński
The informatization of civil proceedings is regulated in Poland by the use of several instruments pertaining to various aspects of civil procedure. The author presents the most relevant instruments and their major provisions in the context of what may be called ‘normal’ circumstances and also as they were amended to suit the needs of the judiciary during the COVID-19 pandemic. Submission of pleadings via the dedicated ICT (information and communication technology) system of the courts is presented, as is the electronic delivery service meant to facilitate the service of procedure and the communication of procedural documents in Poland (especially in the future). The rules applicable to open hearings and recording of hearings, as well as their transmission, are presented. The relatively novel rules on the taking of electronic evidence and on rendering an ‘e-judgment’ are also referred to.
{"title":"Informatization of Civil Proceedings in Poland. Conclusions de lege lata","authors":"Jacek Gołaczyński","doi":"10.47745/ausleg.2021.10.2.03","DOIUrl":"https://doi.org/10.47745/ausleg.2021.10.2.03","url":null,"abstract":"The informatization of civil proceedings is regulated in Poland by the use of several instruments pertaining to various aspects of civil procedure. The author presents the most relevant instruments and their major provisions in the context of what may be called ‘normal’ circumstances and also as they were amended to suit the needs of the judiciary during the COVID-19 pandemic. Submission of pleadings via the dedicated ICT (information and communication technology) system of the courts is presented, as is the electronic delivery service meant to facilitate the service of procedure and the communication of procedural documents in Poland (especially in the future). The rules applicable to open hearings and recording of hearings, as well as their transmission, are presented. The relatively novel rules on the taking of electronic evidence and on rendering an ‘e-judgment’ are also referred to.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131591307","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 : 2021-12-15DOI: 10.47745/ausleg.2021.10.2.07
J. Székely
In our study, we review some current trends in the digitalization of court activities, with an emphasis on Romania in a European Union context. We analyse the past and current state of the Romanian digitization and digitalization of courts, in the framework of major court activity types that may be digitized and digitalized. We also present the most recent attempts by the European Commission to facilitate the digital transition of court activities and the financing and normative aspects of this transition. Finally, we conclude by presenting proposed Romanian efforts to achieve the digital transition and some of their inadequacies.
{"title":"Present and Future in the Digit(al)ization of Judicial Procedures in Romania in a European ContextPresent and Future in the Digit(al)ization of Judicial Procedures in Romania in a European Context","authors":"J. Székely","doi":"10.47745/ausleg.2021.10.2.07","DOIUrl":"https://doi.org/10.47745/ausleg.2021.10.2.07","url":null,"abstract":"In our study, we review some current trends in the digitalization of court activities, with an emphasis on Romania in a European Union context. We analyse the past and current state of the Romanian digitization and digitalization of courts, in the framework of major court activity types that may be digitized and digitalized. We also present the most recent attempts by the European Commission to facilitate the digital transition of court activities and the financing and normative aspects of this transition. Finally, we conclude by presenting proposed Romanian efforts to achieve the digital transition and some of their inadequacies.","PeriodicalId":419539,"journal":{"name":"Acta Universitatis Sapientiae, Legal Studies","volume":"68 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128836505","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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