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

In: Automated Decision-Making and Effective Remedies

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Abstract

EU law guarantees individuals the right to an effective remedy (Article 47 of the Charter of Fundamental Rights). At the same time, this right embodies a general constitutional principle of EU law, and thus the ‘right of rights’ expresses the value of the rule of law. EU law obliges judicial and non-judicial authorities to protect individual rights and interests. Their task is to ensure the legal accountability of European public officials when acting under EU law. This chapter outlines the legal parameters for effective account-giving in semi-automated decision-making. On the one hand, what is an effective remedy under EU law and how does it translate into the existing legal accountability mechanisms? On the other hand, what rules govern semi-automated decision-making?

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  • ., 2023. "The legal framework: Rights, remedies and obligations in semi-automated decision-making," Chapters, in: Automated Decision-Making and Effective Remedies, chapter 3, pages 47-76, Edward Elgar Publishing.
    • Handle: RePEc:elg:eechap:22057_3
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    File URL: https://www.elgaronline.com/doi/10.4337/9781035306619.00008
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    Law - Academic; Politics and Public Policy;

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