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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

Automated Decision-Making and Effective Remedies: The New Dynamics in the Protection of EU Fundamental Rights in the Area of Freedom, Security and Justice

Author: Simona Demkova
Publisher: Edward Elgar Publishing
ISBN: 9781035306602
Published In: August 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,287.00

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Description
Contents

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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.

1. Introduction

2. Automated information processing in EU composite decision-making

3. The legal framework: Rights, remedies and obligations in semi-automated decision-making

4. Allocating responsibilities

5. Accessing remedies

6. Exercising effective review: trust but care?

7. Effective remedies in the age of automation: Findings and recommendations

8. Conclusion

Index