Universiteit Leiden

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Automated Decision-Making and Effective Remedies

Simona Demková, Assistant professor at the Europa Institute of Leiden University, publishes her book ‘Automated Decision-Making and Effective Remedies: The New Dynamics in the Protection of EU Fundamental Rights in the Area of Freedom, Security and Justice’.

Simona Demková
17 August 2023
Website Edward Elgar Publishing Limited

The book explores the legal and practical challenges created by the increasingly automated decision-making procedures underpinning EU multilevel cooperation, exemplified with the fields of border control and law enforcement. It argues that the underlying automation in multilevel procedures impacts not only the rights to privacy and data protection, but fundamentally challenges 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 effective enforcement of rights is more and more difficult through established judicial and non-judicial mechanisms, the book calls for a comprehensive legal empowerment of individuals through a deep procedural review of automated decision-making.

The book advances the academic and policy debate on human-centric digitalization in all spheres of European public conduct, presenting an empirical case for greater scrutiny of the uses of new technologies. It 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.

See the publisher’s website for more information.

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