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Exercising effective review: Trust but care?

In: Automated Decision-Making and Effective Remedies

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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.

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  • ., 2023. "Exercising effective review: Trust but care?," Chapters, in: Automated Decision-Making and Effective Remedies, chapter 6, pages 148-179, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22057_6
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035306619.00011
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    Law - Academic; Politics and Public Policy;

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