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Publication Date

6-3-2024

Abstract

The goal of this Article is to take a broader perspective on the lessons which can be learned from the implementation of automated decision-making in the public sector—specifically in regard to how procedural rule of law mechanisms can make such projects trustworthy. The underlying idea behind this Article is to posit the debate about the ADM within the context of rule of law as a key notion in liberal democracies. At the same time, we rely on a law and political economy framework. We look through the lens of power relations and assess to what extent selected procedural solutions governing ADM systems in the public sector support democratization and equality. Our paper is case-specific but aims to offer broader lessons. It takes as a point of departure the Random Allocation of Cases System implemented in Poland and aims to show that the lessons learned from this case have more universal character. Indeed, the case from Poland is useful to demonstrate that specific safeguards and measures concerning transparency and accountability of ADM should not be perceived separately from the broader regulatory context.

The text consists of five Parts. In Part II we briefly indicate the significance of procedural rule of law safeguards and their importance for trustworthiness of the state. In Part III we describe our case study, RACS, used in Poland for allocating cases to judges. In Part IV we provide an overview of lessons that can be learned from the implementation of RACS in regard to the significance of more general procedural rules which are crucial for ensuring trustworthy implementation of ADM

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