Justice in Automated Administration

2020 ◽  
Vol 40 (4) ◽  
pp. 708-736
Author(s):  
Joe Tomlinson
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Coming Of Age ◽  
Digital Transformation ◽  
Future Application ◽  
Public Officials ◽  
Experimental Phase ◽  
The Uk ◽  
Automated Decision Making ◽  
The Eu

Abstract— Public administration has, for some time now, been undergoing a digital transformation. Part of this change is the replacement of human public officials with automated decision-making systems. Beyond its immediate social and political significance, the EU Settlement Scheme—the mechanism established to allow EU citizens to remain resident in the UK after Brexit—represents the coming of age of a new template for automated administration. Understood in its context, this template raises foundational questions about the nature of administrative justice in the emerging digital state. This template, while it has various potential advantages, is essentially half-baked, contains significant risks without sufficient safeguards and requires revision before its suggested wider future application becomes a reality. Amendments to the template ought to be framed by reference to the precautionary principle, as this would continue to make for efficient implementation of policy while better protecting individuals in this experimental phase of automated administration.

scholarly journals Measuring Outcomes of Digital Transformation in Public Administration: Literature Review and Possible Steps Forward

2021 ◽  
Vol 14 (1) ◽  
pp. 61-86
Author(s):  
Elena Dobrolyubova
Keyword(s):  
Public Administration ◽  
Digital Transformation ◽  
Public Officials ◽  
Digital Government ◽  
Governance Indicators ◽  
Social And Economic Development ◽  
Actual Use ◽  
Measuring Outcomes ◽  
The Eu ◽  
Government Development

Abstract Digital transformation is the modern mainstream of social and economic development promising significant digital dividends to citizens and businesses worldwide. The theory highlights the importance of digitalization for optimizing the public value of government services for citizens; however, despite the high enthusiasm about the prospects of digital transformation in public administration, there is little literature on measuring actual benefits this process might provide to all stakeholders concerned. While some recent research suggests high correlation between governance indicators and e-government development, the causality between the two is not confirmed statistically for most public administration indicators. International indices used to measure government digitalization (such as the UN E-Government Development Index) often concentrate only on e-services and are based on measuring the availability rather than the actual use or quality of such modes of service delivery; they concentrate more on measuring G2C and, to some extent, G2B interactions and often omit the effects of digitalization for the G2G and G2E dimensions. The EU Digital economy and society index (DESI) is one of the most advanced cases for measuring the progress of digitalization in the EU, but even in this case the costs of digitalization and potential risks of digital government are not fully accounted for. The paper provides an extensive review of theoretical and practical approaches to measuring government digitalization, identifies key limitations and proposes some steps for enhancing the existing practices. The paper argues that government digital transformation should not be performed for its own sake but should be a means for raising effectiveness and efficiency of public administration. Therefore, both benefits and risks of digital transformation of performing all core government functions for various stakeholders (citizens, businesses, government itself, and public officials) should be accounted for.

The Law & Politics of Brexit: Volume II

2020 ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Legal Framework ◽  
Comprehensive Analysis ◽  
The European Union ◽  
Trade Relations ◽  
The United Kingdom ◽  
The Uk ◽  
Financial Settlement ◽  
The Eu

This book provides the first comprehensive analysis of the withdrawal agreement concluded between the United Kingdom and the European Union to create the legal framework for Brexit. Building on a prior volume, it overviews the process of Brexit negotiations that took place between the UK and the EU from 2017 to 2019. It also examines the key provisions of the Brexit deal, including the protection of citizens’ rights, the Irish border, and the financial settlement. Moreover, the book assesses the governance provisions on transition, decision-making and adjudication, and the prospects for future EU–UK trade relations. Finally, it reflects on the longer-term challenges that the implementation of the 2016 Brexit referendum poses for the UK territorial system, for British–Irish relations, as well as for the future of the EU beyond Brexit.

6. Legislation and Decision-Making

EU Law ◽  
2020 ◽  
pp. 155-193
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
Legislative Process ◽  
Eu Legislation ◽  
Legislative Procedure ◽  
Ordinary Legislative Procedure ◽  
The Uk ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter, which discusses the process by which the EU enacts legislation and makes decisions, begins by considering the making of legislative acts. This includes the Treaty rules and practice concerning the initiation of the legislative process, and how the ordinary legislative procedure, in which the Council and EP act as co-legislators, has come to occupy centre stage. The focus then shifts to the making of delegated acts followed by an analysis of how implementing acts are made. The chapter concludes with discussion of democracy in the EU, and evaluates the extent to which the EU might be said to have a democracy deficit. The UK version contains a further section analysing issues concerning EU legislation and decision-making in relation to the UK post-Brexit.

3. Decision-making and democracy in the EU

2020 ◽  
pp. 61-87
Author(s):  
Sylvia de Mars
Keyword(s):  
Decision Making ◽  
Financial Crisis ◽  
Transition Period ◽  
Democratic Deficit ◽  
Eu Law ◽  
Democratic Government ◽  
Decision Making Processes ◽  
Big Events ◽  
The Uk ◽  
The Eu

This chapter analyses what EU academics have termed the ‘democratic deficit’ in the EU. In EU law, the concept of the ‘democratic deficit’ is used to classify the EU as a system that may hold some of the qualities of a democratic government, but is lacking others. The chapter then investigates just how much ‘democracy’ exists in the EU decision-making processes. There are those who claim that the EU will never be democratic, and those who argue that the EU actually does not suffer from true shortcomings. The chapter evaluates both of those claims, and considers if recent big events in the EU — such as the ratification of the Lisbon Treaty, and the so-called Eurozone financial crisis — impact upon the debate. It also looks at the nature of Brexit during the Withdrawal Agreement's transition period, as well as the future relationship between the UK and the EU.

Digital Transformation of Public Administration Based on Competence Models

2021 ◽  
Vol 27 (3) ◽  
pp. 183-189
Author(s):  
L. V. Vatlina
Keyword(s):  
Public Administration ◽  
Digital Transformation ◽  
Public Officials ◽  
Digital Government ◽  
Administration System ◽  
Digital Platforms ◽  
The Public ◽  
Analysis And Synthesis ◽  
Reducing Costs

Aim. The presented study aims to determine the peculiarities of introducing digital tools in public administration using different types of competencies.Tasks. The author describes major prerequisites for the transformation of the public sector in the context of digitalization; analyzes modern digital technologies and the mechanism of their implementation in public services using digital platforms, assesses their role, and identifies obstacles to the digital transformation of public administration.Methods. This study uses general scientific methods, such as the monographic method, analysis and synthesis, induction and deduction, description, and applied methods of structural, systems, and comparative economic analysis.Results. Digital transformation of the public administration system changes the understanding of management from management as execution of functions to management as a network of  relationships between the state and its citizens. Reformation of the public administration model based on the implementation of digital solutions forms the new public administration concept. However, the results of the public administration system’s reformation using digital platforms are ambiguous and require study. One of the main obstacles to the formation of a “digital government” is the lack of competent specialists and qualified personnel skilled in the field of  information technology (IT), Internet of Things, artificial intelligence, etc. These and other technologies are vital for the formation of a high-quality public administration system. Furthermore, the new information reality places increased demands on the skills of modern public officials, whose level of competence largely determines the quality of management. This study identifies and analyzes the necessary competencies of employees involved in the public administration system at different levels.Conclusions. Over time, digital transformation of public administration will become more evident and meaningful. It can be assumed that digitalization will make it possible to leave behind subjective decisions of individual public officials, improving the quality of provided services and reducing costs as much as possible. Digital transformation of public administration is not limited to the automation and optimization of some processes in the execution of public functions, as it also involves the implementation of modern information and communication technology (ICT) systems to improve the quality of the public administration system as a whole.

7. Decision-Making and New Forms of Governance

EU Law ◽  
2020 ◽  
pp. 194-216
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Decision Making ◽  
White Paper ◽  
New Governance ◽  
Governance Reform ◽  
Reform Initiatives ◽  
Better Regulation ◽  
Apparent Shift ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter introduces the debate over new modes of decision-making and governance in the EU, and provides an account of the apparent shift towards greater use of these over time. The language of ‘new’ forms of governance in the EU refers to the move away from reliance on hierarchical modes towards more flexible modes as the preferred method of governing. A number of examples of new governance instruments and methods are provided, in particular the ‘new approach to harmonization’ and the ‘open method of coordination’. A number of other EU governance reform initiatives related to the new governance debate are also discussed, such as the subsidiarity and proportionality principles, the ‘better regulation’ initiative, and the Commission White Paper on Governance and its follow-up. The UK version contains a further section analysing issues of new governance in relation to the UK post-Brexit.

scholarly journals The “Place of Effective Management” as a Connecting Factor for Companies' Tax Residence Within the EU vs. the Freedom of Establishment: The Need for a Rethinking?

2012 ◽  
Vol 13 (9) ◽  
pp. 1095-1130
Author(s):  
Luca Cerioni
Keyword(s):  
Decision Making ◽  
Control Test ◽  
Effective Management ◽  
Freedom Of Establishment ◽  
The United Kingdom ◽  
The Uk ◽  
And Control ◽  
Central Management ◽  
The Eu

The determination of the tax residence of companies – as a fundamental issue of (international) tax law – emerged between the end of the 19thcentury and the start of the 20thcentury. This emerged as an issue in cases where companies which were found to have their place of management, in the sense of a decision-making centre, in the United Kingdom (UK), carried out all their business activity, in terms of production and commercialization, in another country. At a time when the UK was establishing its tax system earlier than other countries, the tax courts of this country began to develop the “central management and control test” as a test for establishing companies' tax residence in these situations and to consider the companies at stake as tax residents in the UK on the ground that their decision-making centre was located there. Such decisions appeared to have been driven by an interest to prevent companies carrying out their business abroad from escaping UK taxation on their worldwide income, and thus to have been motivated by a specific anti-avoidance purpose. Nonetheless, the “central management and control” test formed the basis of the “place of effective management” test which, under the Organization for Economic Cooperation and Development (OECD) Model for bilateral conventions against double taxation, is currently adopted as a tiebreaker rule,i.e.as a criteria for allocating the tax residence of companies in cases where both contracting

scholarly journals Turning out to turn down the EU: The mobilisation of occasional voters and Brexit

2019 ◽  
Author(s):  
Lukas Rudolph
Keyword(s):  
Decision Making ◽  
Instrumental Variable ◽  
Local Level ◽  
Voting Behaviour ◽  
Electoral Outcomes ◽  
Variable Approach ◽  
Voter Decision Making ◽  
The Uk ◽  
Instrumental Variable Approach ◽  
The Eu

Large amounts of occasional voters participated in the Brexit referendum. How did this increase in turnout affect the outcome of the referendum? To thoroughly explore this question we exploit exogenous variation in voting costs on the local level. Large amounts of rainfall on election day made voting slightly more inconvenient in some areas of the UK. Using this rainfall in an instrumental variable approach, we can assess the voting behaviour of citizens whose benefits of voting just surpass costs under normal circumstances. We show that these voters predominantly supported Leave. Hence, the increase in turnout led to higher Leave support. Subsequently, we explore the likely reason for this observation with survey data. We find evidence that occasional voters were not more likely to support Leave in general, but that the mobilisation of Leave-leaning vs. Remain-leaning occasional voters was lopsided: Leave-leaning occasional voters were more likely to turn out. In a broader picture, our research highlights that the issue-specific mobilisation of low-propensity voters is important for explaining electoral outcomes. This is particularly so in referendums with weak partisan preferences, and where singular issues dominate voter decision making.

scholarly journals Digital transformation as a factor in improving the efficiency of public administration by results: the experience of the United Kingdom

2020 ◽  
Vol 8 (1 SI) ◽  
pp. 120-122
Author(s):  
Oleh Sydorenko
Keyword(s):  
United Kingdom ◽  
Public Administration ◽  
Information And Communication Technologies ◽  
Communication Technologies ◽  
Digital Transformation ◽  
The United Kingdom ◽  
Information And Communication ◽  
The Uk

The report identifies the benefits of using information and communication technologies in public administration. The essential content of the phenomenon of digital transformation is considered. A description of the UK practice of digital transformation of public administration is given. It is proposed to introduce in Ukraine the experience of the United Kingdom in the field of digital transformation of public administration.

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