Exercising effective review: Trust but care?

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Chapter 6 in Automated Decision-Making and Effective Remedies, 2023, pp 148-179 from Edward Elgar Publishing

Abstract: This chapter addresses two sets of questions with respect to the exercise of review in semi-automated decision-making. The first concerns the national courts’ role and duties when exercising effective review of individual decision-making. Accordingly, this chapter revisits the CJEU's approach to reviewing discretion. The second pertains to the domestic courts’ review of public conduct, which produces transnational (cross-border) legal effects. Based on this evaluation, the chapter identifies the duty of care principle as a key review criterion for decision-making in the age of automation. Its versatile and information-based nature allows for the duty’s adaptability regarding the intensity of the review of compliance in a context-specific manner.

Keywords: Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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