Administrative Law: Algorithms and AI
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Questions and Answers

What was a primary reason for the creation of the random case allocation system in Polish courts?

  • To simplify the court's operation
  • To adapt to European regulations (correct)
  • To reduce the number of cases handled
  • To increase the workload of judges
  • How does the SRAC ensure the random allocation of cases?

  • By assigning cases based on judge preferences
  • Using manual case selection by court officials
  • Through a random number generator (correct)
  • By following a pre-set rotation system
  • Which of the following is NOT a feature associated with the digitization of the Polish courts?

  • Electronic proceedings and e-protocol
  • Online conferencing
  • Mandatory jury trials (correct)
  • Online communication and service
  • What key principle was introduced for the first time in Poland regarding case allocation?

    <p>Random allocation of cases to judges (B)</p> Signup and view all the answers

    What type of system is the SRAC classified as?

    <p>An ICT system for random case allocation (D)</p> Signup and view all the answers

    What is the fundamental condition for justice that the SRAC aims to secure?

    <p>Impartiality (D)</p> Signup and view all the answers

    What limitation exists for the random allocation of cases under the SRAC?

    <p>Judges working on duty are excluded from random assignments (A)</p> Signup and view all the answers

    What technological capability is essential for the operation of SRAC?

    <p>Web application interface on internal networks (B)</p> Signup and view all the answers

    What is the primary role of algorithms in the flow of information?

    <p>To govern and facilitate the flow of information. (B)</p> Signup and view all the answers

    Which of the following accurately defines artificial intelligence as per the European Union regulation?

    <p>A machine-based system with varying levels of autonomy that generates outputs from input data. (A)</p> Signup and view all the answers

    What is a significant risk associated with the use of artificial intelligence?

    <p>Algorithmic discrimination and unlawful use of personal data. (A)</p> Signup and view all the answers

    What is the correct sequence to solve a problem using an algorithm?

    <p>Formulate the problem, specify data, determine conditions, and choose an algorithm. (B)</p> Signup and view all the answers

    What does programming specifically involve in relation to algorithms?

    <p>Implementing algorithms in a way the computer can understand through source code. (B)</p> Signup and view all the answers

    How must a program be converted to execute on a computer?

    <p>It must be translated from a high-level language into the computer's internal language. (D)</p> Signup and view all the answers

    What is necessary to facilitate the execution of an algorithm?

    <p>Choosing the appropriate tools and arranging the algorithm. (B)</p> Signup and view all the answers

    What type of outcomes can artificial intelligence generate?

    <p>Recommendations, predictions, and content. (D)</p> Signup and view all the answers

    What was the primary legal conclusion of the Wisconsin Supreme Court in State v. Loomis regarding risk assessments?

    <p>Algorithmic assessments do not violate due process rights. (C)</p> Signup and view all the answers

    Which aspect of judicial proceedings is affected by the random allocation of cases under the SRAC system?

    <p>Impartiality and equality of parties (A)</p> Signup and view all the answers

    What does Article 45 of the Polish Constitution emphasize regarding the right to a court?

    <p>Right to a fair and public hearing (A)</p> Signup and view all the answers

    According to the European Convention on Human Rights, what is required for a tribunal's legitimacy in hearing cases?

    <p>Legislation conformity (C)</p> Signup and view all the answers

    In what year was the System of Random Allocation of Cases (SRAC) introduced in Poland?

    <p>2017 (C)</p> Signup and view all the answers

    What is a significant criticism regarding the SRAC in Polish public life?

    <p>It is complicated and lacks transparency. (C)</p> Signup and view all the answers

    Which legal instrument guarantees the right to a fair hearing in the context of international law?

    <p>Article 6 of the ECHR (B)</p> Signup and view all the answers

    What was a key issue raised in the Loomis case regarding risk assessments?

    <p>Evaluation of risk score determination (D)</p> Signup and view all the answers

    What role do information and telecommunication technologies play in public administration?

    <p>They are integral in changing the operation of public administration. (D)</p> Signup and view all the answers

    In which area is the use of algorithms NOT mentioned as an application within public administration?

    <p>Judicial training for judges. (A)</p> Signup and view all the answers

    Why is the concept of algorithms important to the public?

    <p>It allows citizens to better understand how state decisions are made. (B)</p> Signup and view all the answers

    Which of the following best describes the current perception of algorithms in public administration?

    <p>Algorithms have become a common topic of interest for a wide range of stakeholders. (A)</p> Signup and view all the answers

    What aspect of public administration does the application of algorithms directly influence?

    <p>Analysis of data and decision-making processes. (B)</p> Signup and view all the answers

    What does the public expect regarding the application of algorithms in governance?

    <p>Transparency and clarity in decision-making based on algorithms. (D)</p> Signup and view all the answers

    In which of the following activities are algorithms NOT typically utilized within the context of public administration?

    <p>Conducting personal interviews for job candidates. (B)</p> Signup and view all the answers

    How do algorithms contribute to the executive role in public administration?

    <p>By providing support in designing and applying technical solutions. (C)</p> Signup and view all the answers

    What was the primary complaint of the participants in the National Course-Competition?

    <p>The software did not match their expectations based on a tutorial. (B)</p> Signup and view all the answers

    Which institution is responsible for upholding the appeal of the candidates regarding access to the source code?

    <p>TAR (Tribunale Ammistrativo Regionale) of Rome (A)</p> Signup and view all the answers

    Why was Cineca ruled not to be a technically qualifiable party in the appeal process?

    <p>They were deemed an uninterested third party. (D)</p> Signup and view all the answers

    What legal action did the candidates take when their access request was denied by the Ministry?

    <p>They appealed to the TAR. (C)</p> Signup and view all the answers

    What is the core legal conflict in this case primarily about?

    <p>The balance between confidentiality and public access to software. (C)</p> Signup and view all the answers

    What entity appealed TAR's decision to the Council of State?

    <p>The Ministry of Education, University and Research (A)</p> Signup and view all the answers

    What was the participants' expectation regarding the software based on?

    <p>The tutorial on the Ministry's website. (D)</p> Signup and view all the answers

    What was the relationship between the Ministry and Cineca regarding the software?

    <p>Cineca developed the software under the Ministry's guidelines. (B)</p> Signup and view all the answers

    What does the phrase 'established by law' specifically refer to regarding courts?

    <p>The legal existence and composition of the court. (D)</p> Signup and view all the answers

    What is meant by the term 'natural judge' in the context of the Polish Constitution?

    <p>A judge specified by statute to preside over cases. (A)</p> Signup and view all the answers

    What was the main issue with the allocation of cases before 2017 in criminal cases?

    <p>There were no regulations governing case assignments. (B)</p> Signup and view all the answers

    Which of the following statements best describes the implications of lacking clear allocation plans for judges?

    <p>It can lead to violations of the right to a fair trial. (C)</p> Signup and view all the answers

    In what way does the Polish Constitution ensure judicial independence?

    <p>By providing a framework for case designation and judge assignment. (A)</p> Signup and view all the answers

    What was the role of the president of the court before 2017 in case allocation?

    <p>To decide who would hear each case as part of court organization. (C)</p> Signup and view all the answers

    Which ECHR decision emphasized the significance of the legal basis for court composition?

    <p>Decision of ECHR of 4.03.2003, Posokhov v. Russia. (D)</p> Signup and view all the answers

    Which concept refers to the rights granted by the Polish Constitution concerning judges?

    <p>Statutory judge. (B)</p> Signup and view all the answers

    Flashcards

    Digitization

    The process of converting information from physical to digital format.

    Data

    Raw, unprocessed facts and figures collected from various sources.

    Big data

    Extremely large and complex datasets that require specialized tools for analysis and interpretation.

    Algorithm

    A set of instructions or rules that a computer follows to solve a problem or perform a task.

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    Artificial Intelligence (AI)

    A branch of computer science that deals with the creation of intelligent agents that can learn, reason, and make decisions like humans.

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    Algorithms in public administration

    The use of algorithms by government agencies to analyze data and make decisions.

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    Predictive justice

    The application of algorithms in the justice system to predict the likelihood of future criminal activity.

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    Transparency of algorithms

    The principle of making the operations of algorithms transparent and understandable to the public.

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    Source Code

    The text written in a specific programming language that tells a computer how to perform a task.

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    Machine Program

    The translated version of source code that a computer can understand and execute.

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    Programming

    The process of creating a machine program from source code.

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    Adaptiveness

    The ability of an AI system to learn from data and improve its performance over time.

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    Algorithmic Discrimination

    The potential misuse of personal data by AI systems, leading to unfair treatment or discrimination.

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    Cognitive Science

    The branch of AI that focuses on understanding and simulating human intelligence.

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    Algorithmic Risk Assessment in Sentencing

    A court's use of an algorithmic risk assessment tool in sentencing, without disclosing the methodology to the court or the defendant.

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    Transparency in Judicial Decision-Making

    The principle that a court's decision-making processes should be transparent and accessible to both the court and the defendant. This includes being able to understand how the decision was reached.

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    Right to a Fair Trial

    The right of every individual to have their case fairly heard by a competent, impartial, and independent court, without undue delay.

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    System of Random Allocation of Cases (SRAC)

    A system used in Poland that randomly assigns court cases to judges.

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    Transparency of Algorithms in Public Life

    The use of algorithms in public life, especially those that affect people's rights, should be open and transparent. The public should know how these algorithms work and be able to understand the basis for their decisions.

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    Impartiality and Independence of Courts

    The principle that courts should be impartial and independent, free from external influences or biases.

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    Impartiality and Equality in Court Proceedings

    A critical component of a fair trial, ensuring that cases are reviewed and decided fairly and justly.

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    Rule of Law

    Refers to the legal principle that laws and regulations should be applied in a consistent and predictable manner, leaving no room for arbitrary or subjective decisions.

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    Established by law

    This principle ensures that the court's existence and composition are legally established.

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    Right to a statutory judge (natural judge)

    This right signifies the independence and impartiality of a judge, ensuring they are free from undue influence.

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    Administrative independence

    The allocation of cases and activities within a court should be clear and structured, guaranteeing equal treatment and preventing bias.

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    Random allocation of cases (before 2017)

    Before 2017, criminal cases were assigned to judges based on the order in which they were received.

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    Lack of clear allocation plans (civil cases)

    The absence of clear allocation plans for cases in civil matters increased the risk of unfair treatment and potential biases.

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    Article 351 of the Code of Criminal Procedure

    The Code of Criminal Procedure in Poland contained guidelines on how to assign cases to judges.

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    President of the court's role in case allocation

    The president of the court or the chairman of a department held the responsibility of organizing court work, including assigning cases to specific judges.

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    Impact of the lack of allocation plans

    The lack of a structured system for allocating cases posed a risk to fair trial procedures.

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    What is the SRAC?

    A system designed to distribute cases randomly among judges in Polish courts, ensuring fairness and equal workloads.

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    Random case allocation

    The process of randomly distributing legal cases to judges within specific categories, with the goal of promoting fairness and reducing bias.

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    Equal Burdening of Judges

    The allocation of cases within each category is equal, unless a judge's workload is adjusted due to specific duties or other legal reasons.

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    Impartiality

    A key objective of the SRAC is to ensure impartial justice in the courts, a fundamental principle of a fair judicial system.

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    Digitization of Courts

    The SRAC plays a crucial role in the digitization of Polish courts, alongside other technologies like online communication and electronic proceedings.

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    SRAC as an IT Tool

    The SRAC is an IT tool that utilizes a random number generator to distribute legal cases to judges, ensuring fairness and impartial decision making.

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    Transparency and Confidence

    The SRAC improves accountability and increases trust in the court system, as it eliminates the potential for bias in case allocation.

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    Modernization of the Justice System

    The SRAC is a critical part of the broader effort to modernize the Polish justice system to meet European standards.

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    Right to Access Public Information

    The right to access information held by public authorities, including algorithms used in decision-making processes.

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    Italy's Software Transparency Case

    A case concerning software transparency in public administration, where individuals sought access to the source code of a selection algorithm used for recruiting school principals.

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    Administrative Law

    The body of law that applies to administrative actions by government agencies.

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    Software Copyright and Confidentiality

    The right to privacy and confidentiality for creators of software, which can sometimes clash with the right to access data.

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    Council of State (Italy)

    The Italian court that handles administrative appeals.

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    Counterinterested Party

    A legal entity that is involved in a court case, even if not directly named as a party.

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    Regional Administrative Tribunal (TAR)

    An administrative court in Italy with jurisdiction over regional matters, including public administration.

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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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    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.

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