Automated Decision-Making and Effective Remedies

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Automated Decision-Making and Effective Remedies

The New Dynamics in the Protection of EU Fundamental Rights in the Area of Freedom, Security and Justice

9781035306602 Edward Elgar Publishing
Simona Demkova, Assistant Professor in European Law, Europa Institute, Leiden University, the Netherlands
Publication Date: August 2023 ISBN: 978 1 03530 660 2 Extent: c 240 pp
This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection



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This timely book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, for example, in the fields of border control and law enforcement. It argues that such procedures impact not only the rights to privacy and data protection, but fundamentally challenge the EU constitutional promise of effective judicial protection.

Focusing on informational cooperation in the EU Area of Freedom, Security and Justice, this book examines the extent to which the EU’s system of remedies allows individuals to enforce their rights against automated decisions – such as in cases of the rejection of a residence permit application or the execution of search warrants. Concluding that enforcement of rights is difficult to achieve, the book calls for the comprehensive legal empowerment of individuals through a deep procedural review of automated decision-making. It advances the academic and policy debate on human-centric digital innovation, presenting an empirical case for greater scrutiny of the uses of new technology.

The book will be a fascinating read for scholars and students of European law, the law of technology, and human rights. It will also be a useful guide for human and digital rights organisations, policy-makers, and judges seeking to empower individuals in the age of automation.
Critical Acclaim
‘By putting together two of the at present most interesting and, at the same time, most complex topics for EU Administrative Law scholarship, this book provides a clever and extremely welcome insight on European composite decision-making supported by algorithmically underpinned or otherwise automated decision-making support systems and on its negative impact on the effectiveness of judicial protection.’
– Diana-Urania Galetta, Università degli Studi di Milano, Italy

‘This book provides invaluable insights not only on the impact of technological progress on the protection of private persons but also on the difficulties of providing effective judicial protection in the face of the increasingly multi-jurisdictional and cross-border nature of administrative decision-making processes used for the implementation of EU law.’
– Mariolina Eliantonio, Maastricht University, the Netherlands
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