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Questions and Answers
What was a primary reason for the creation of the random case allocation system in Polish courts?
What was a primary reason for the creation of the random case allocation system in Polish courts?
How does the SRAC ensure the random allocation of cases?
How does the SRAC ensure the random allocation of cases?
Which of the following is NOT a feature associated with the digitization of the Polish courts?
Which of the following is NOT a feature associated with the digitization of the Polish courts?
What key principle was introduced for the first time in Poland regarding case allocation?
What key principle was introduced for the first time in Poland regarding case allocation?
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What type of system is the SRAC classified as?
What type of system is the SRAC classified as?
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What is the fundamental condition for justice that the SRAC aims to secure?
What is the fundamental condition for justice that the SRAC aims to secure?
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What limitation exists for the random allocation of cases under the SRAC?
What limitation exists for the random allocation of cases under the SRAC?
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What technological capability is essential for the operation of SRAC?
What technological capability is essential for the operation of SRAC?
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What is the primary role of algorithms in the flow of information?
What is the primary role of algorithms in the flow of information?
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Which of the following accurately defines artificial intelligence as per the European Union regulation?
Which of the following accurately defines artificial intelligence as per the European Union regulation?
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What is a significant risk associated with the use of artificial intelligence?
What is a significant risk associated with the use of artificial intelligence?
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What is the correct sequence to solve a problem using an algorithm?
What is the correct sequence to solve a problem using an algorithm?
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What does programming specifically involve in relation to algorithms?
What does programming specifically involve in relation to algorithms?
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How must a program be converted to execute on a computer?
How must a program be converted to execute on a computer?
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What is necessary to facilitate the execution of an algorithm?
What is necessary to facilitate the execution of an algorithm?
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What type of outcomes can artificial intelligence generate?
What type of outcomes can artificial intelligence generate?
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What was the primary legal conclusion of the Wisconsin Supreme Court in State v. Loomis regarding risk assessments?
What was the primary legal conclusion of the Wisconsin Supreme Court in State v. Loomis regarding risk assessments?
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Which aspect of judicial proceedings is affected by the random allocation of cases under the SRAC system?
Which aspect of judicial proceedings is affected by the random allocation of cases under the SRAC system?
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What does Article 45 of the Polish Constitution emphasize regarding the right to a court?
What does Article 45 of the Polish Constitution emphasize regarding the right to a court?
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According to the European Convention on Human Rights, what is required for a tribunal's legitimacy in hearing cases?
According to the European Convention on Human Rights, what is required for a tribunal's legitimacy in hearing cases?
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In what year was the System of Random Allocation of Cases (SRAC) introduced in Poland?
In what year was the System of Random Allocation of Cases (SRAC) introduced in Poland?
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What is a significant criticism regarding the SRAC in Polish public life?
What is a significant criticism regarding the SRAC in Polish public life?
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Which legal instrument guarantees the right to a fair hearing in the context of international law?
Which legal instrument guarantees the right to a fair hearing in the context of international law?
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What was a key issue raised in the Loomis case regarding risk assessments?
What was a key issue raised in the Loomis case regarding risk assessments?
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What role do information and telecommunication technologies play in public administration?
What role do information and telecommunication technologies play in public administration?
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In which area is the use of algorithms NOT mentioned as an application within public administration?
In which area is the use of algorithms NOT mentioned as an application within public administration?
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Why is the concept of algorithms important to the public?
Why is the concept of algorithms important to the public?
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Which of the following best describes the current perception of algorithms in public administration?
Which of the following best describes the current perception of algorithms in public administration?
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What aspect of public administration does the application of algorithms directly influence?
What aspect of public administration does the application of algorithms directly influence?
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What does the public expect regarding the application of algorithms in governance?
What does the public expect regarding the application of algorithms in governance?
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In which of the following activities are algorithms NOT typically utilized within the context of public administration?
In which of the following activities are algorithms NOT typically utilized within the context of public administration?
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How do algorithms contribute to the executive role in public administration?
How do algorithms contribute to the executive role in public administration?
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What was the primary complaint of the participants in the National Course-Competition?
What was the primary complaint of the participants in the National Course-Competition?
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Which institution is responsible for upholding the appeal of the candidates regarding access to the source code?
Which institution is responsible for upholding the appeal of the candidates regarding access to the source code?
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Why was Cineca ruled not to be a technically qualifiable party in the appeal process?
Why was Cineca ruled not to be a technically qualifiable party in the appeal process?
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What legal action did the candidates take when their access request was denied by the Ministry?
What legal action did the candidates take when their access request was denied by the Ministry?
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What is the core legal conflict in this case primarily about?
What is the core legal conflict in this case primarily about?
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What entity appealed TAR's decision to the Council of State?
What entity appealed TAR's decision to the Council of State?
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What was the participants' expectation regarding the software based on?
What was the participants' expectation regarding the software based on?
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What was the relationship between the Ministry and Cineca regarding the software?
What was the relationship between the Ministry and Cineca regarding the software?
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What does the phrase 'established by law' specifically refer to regarding courts?
What does the phrase 'established by law' specifically refer to regarding courts?
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What is meant by the term 'natural judge' in the context of the Polish Constitution?
What is meant by the term 'natural judge' in the context of the Polish Constitution?
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What was the main issue with the allocation of cases before 2017 in criminal cases?
What was the main issue with the allocation of cases before 2017 in criminal cases?
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Which of the following statements best describes the implications of lacking clear allocation plans for judges?
Which of the following statements best describes the implications of lacking clear allocation plans for judges?
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In what way does the Polish Constitution ensure judicial independence?
In what way does the Polish Constitution ensure judicial independence?
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What was the role of the president of the court before 2017 in case allocation?
What was the role of the president of the court before 2017 in case allocation?
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Which ECHR decision emphasized the significance of the legal basis for court composition?
Which ECHR decision emphasized the significance of the legal basis for court composition?
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Which concept refers to the rights granted by the Polish Constitution concerning judges?
Which concept refers to the rights granted by the Polish Constitution concerning judges?
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Flashcards
Digitization
Digitization
The process of converting information from physical to digital format.
Data
Data
Raw, unprocessed facts and figures collected from various sources.
Big data
Big data
Extremely large and complex datasets that require specialized tools for analysis and interpretation.
Algorithm
Algorithm
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Artificial Intelligence (AI)
Artificial Intelligence (AI)
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Algorithms in public administration
Algorithms in public administration
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Predictive justice
Predictive justice
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Transparency of algorithms
Transparency of algorithms
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Source Code
Source Code
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Machine Program
Machine Program
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Programming
Programming
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Adaptiveness
Adaptiveness
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Algorithmic Discrimination
Algorithmic Discrimination
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Cognitive Science
Cognitive Science
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Algorithmic Risk Assessment in Sentencing
Algorithmic Risk Assessment in Sentencing
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Transparency in Judicial Decision-Making
Transparency in Judicial Decision-Making
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Right to a Fair Trial
Right to a Fair Trial
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System of Random Allocation of Cases (SRAC)
System of Random Allocation of Cases (SRAC)
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Transparency of Algorithms in Public Life
Transparency of Algorithms in Public Life
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Impartiality and Independence of Courts
Impartiality and Independence of Courts
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Impartiality and Equality in Court Proceedings
Impartiality and Equality in Court Proceedings
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Rule of Law
Rule of Law
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Established by law
Established by law
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Right to a statutory judge (natural judge)
Right to a statutory judge (natural judge)
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Administrative independence
Administrative independence
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Random allocation of cases (before 2017)
Random allocation of cases (before 2017)
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Lack of clear allocation plans (civil cases)
Lack of clear allocation plans (civil cases)
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Article 351 of the Code of Criminal Procedure
Article 351 of the Code of Criminal Procedure
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President of the court's role in case allocation
President of the court's role in case allocation
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Impact of the lack of allocation plans
Impact of the lack of allocation plans
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What is the SRAC?
What is the SRAC?
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Random case allocation
Random case allocation
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Equal Burdening of Judges
Equal Burdening of Judges
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Impartiality
Impartiality
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Digitization of Courts
Digitization of Courts
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SRAC as an IT Tool
SRAC as an IT Tool
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Transparency and Confidence
Transparency and Confidence
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Modernization of the Justice System
Modernization of the Justice System
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Right to Access Public Information
Right to Access Public Information
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Italy's Software Transparency Case
Italy's Software Transparency Case
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Administrative Law
Administrative Law
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Software Copyright and Confidentiality
Software Copyright and Confidentiality
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Council of State (Italy)
Council of State (Italy)
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Counterinterested Party
Counterinterested Party
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Regional Administrative Tribunal (TAR)
Regional Administrative Tribunal (TAR)
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Study Notes
General Definitions
- Sito: Scuola di Scienze Giuridiche, Politiche ed Economico-Sociali
- Corso: ADMINISTRATIVE LAW_A-L_24_25
- Libro: General definitions
- Stampato da: Yasemin Demiryurek
- Data: January 8, 2025, 10:43 AM
Summary
- 1. Digitization, data, big data, algorithms, and artificial intelligence
- 2. Algorithm, source code, and computer program
- 3. Algorithm and public decision-making process: opportunities and limits
- 4. Case law in USA: predictive justice
- 5. Transparency of algorithm. The Poland's example
- 6. Transparency of algorithm. The Italy's example
Digitization, Data, Big Data, Algorithm, and Artificial Intelligence
- Public administration is changing, with information and telecommunication technologies becoming increasingly important.
- Algorithms are used for data analysis and decision-making in a variety of public sector areas: speed control, fines, social benefits, tax fraud, and case assignments.
- Public understanding of algorithms is growing, alongside the public's need to know how the state operates.
- Openness and access to algorithm operations are crucial. -Data: Information (personal, environmental, traffic, etc.)
- Big data: Large and complex data sets requiring new technologies (like AI) to process, coming from diverse sources.
- Digitalization: Using digital technologies to speed decision-making
- Digitization: Transforming analogue information to digital format
- Algorithms: Encoded procedures transforming input data into desired output based on specified calculations.
Algorithm, Source Code, and Computer Program
- Computers execute computer programs, which in turn execute algorithms.
- Problem definition, data specification, results, and conditions are required to solve a problem.
- Algorithm selection, execution method, and tool selection are crucial.
- Programming involves creating source code—writing an algorithm in a programming language.
- Source code translation into computer language is necessary for execution.
Algorithm and Public Decision-Making Process: Opportunities and Limits
- Automated decision-making processes are emerging in public and private sectors.
- Speed and ability to identify patterns missed by human intervention are significant advantages.
- Prediction and trend identification are possible.
- The "black box" risk: Difficulty understanding the reasons behind algorithmic decisions.
- Explainability, transparency, and user rights are becoming vital considerations in public sector algorithm implementation, particularly in decision-making processes.
Case Law in USA: Predictive Justice
- US judges use software-based "recidivism risk assessments" to evaluate offender risk.
- Assessments estimate the likelihood of future criminal behavior based on offender background info and interviews.
- Wisconsin Supreme Court rulings (e.g., State v. Loomis) address whether algorithmic risk assessments in sentencing violate due process rights.
Transparency of Algorithm. The Poland's Example
- The SRAC (System of Random Allocation of Cases) divides cases among judges of common courts.
- Its complexity and lack of transparency caused initial criticism.
- Random allocation of cases is crucial for impartiality and equality.
- Polish Constitutional law emphasizes the right to a fair and competent court.
- The case for the right to access to the algorithm and source code for transparency was debated.
- Court judgements addressed the issue of the algorithm and source code as public information.
Transparency of Algorithm. The Italy's Example
- The case involves the right to confidentiality of the software creator versus access to data by individuals.
- A dispute arose between MIUR, participants in a national course-competition, and Cineca.
- Participants appealed for access to the entire source code.
- Challenges addressed the balance between software confidentiality and transparency in administrative action.
- Italian court decisions weighed the individual's right of access to information versus software developer's rights.
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Description
Explore the intersection of administrative law and technology in this quiz. Focus areas include digitization, algorithms, and their impact on public decision-making processes. Delve into case law and examples from USA and Italy regarding algorithm transparency.