scholarly journals Schengen and the Administration of Exclusion: Legal Remedies Caught in between Entry Bans, Risk Assessment and Artificial Intelligence

2021 ◽  
Vol 23 (4) ◽  
pp. 485-507
Author(s):  
Evelien Brouwer
Keyword(s):  
Artificial Intelligence ◽  
Risk Assessment ◽  
Information System ◽  
Large Scale ◽  
Case Law ◽  
Public Order ◽  
Security Risk ◽  
Legal Remedies ◽  
The Right ◽  
Judicial Protection

Abstract To create an area in which persons can move freely, the Schengen states committed to control their external borders to prevent irregular immigration and the entry of third-country nationals (TCN s) who are considered to be ‘a public order and security risk’. The exclusion of ‘unwanted aliens’ can be based on the mutual enforcement of national decisions, such as entry bans reported in the Schengen Information System, or objections against the issuing of a Schengen visa, based on the consultation procedure in the Visa Code. This contribution focuses on the right of TCN s to have access to effective remedies, both with regard to existing and newer mechanisms of exclusion. It argues that when dealing with the use of large-scale databases and risk assessment as basis for excluding admission, existing rules and case-law by the CJEU should be taken into account to ensure access to effective judicial protection for TCN s.

The right to appeal to the European Court of Human Rights

2020 ◽  
Author(s):  
Yuliya Samovich
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Legal Regulation ◽  
The European Union ◽  
Educational Organizations ◽  
European Court ◽  
Protection Of Human Rights ◽  
Judicial Procedure ◽  
The Right ◽  
Judicial Protection

The manual is devoted to making individual complaints to the European Court of human rights: peculiarities of realization of the right to appeal, conditions of admissibility and the judicial procedure of the European Court of Human Rights. The author analyses some “autonomous concepts” used in the court's case law and touches upon the possibility of limiting the right to judicial protection. The article deals with the formation and development of the individual's rights to international judicial protection, as well as the protection of human rights in universal quasi-judicial international bodies and regional judicial institutions of the European Union and the Organization of American States. This publication includes a material containing an analysis of recent changes in the legal regulation of the Institute of individual complaints. The manual is recommended for students of educational organizations of higher education, studying in the areas of bachelor's and master's degree “Jurisprudence”.

scholarly journals Perspectiva constitucional de las garantías de aplicación de la Inteligencia Artificial: la ineludible protección de los derechos fundamentales.

2020 ◽  
Vol 6 (2) ◽  
pp. 72-82
Author(s):  
Jorge Castellanos Claramunt ◽  
María Dolores Montero Caro
Keyword(s):  
Artificial Intelligence ◽  
Point Of View ◽  
Fundamental Rights ◽  
Judicial Decisions ◽  
Spanish Constitution ◽  
The Right ◽  
Judicial Protection

Artificial Intelligence has an undeniable effect on today’s society, so its study regarding its legal effects becomes necessary. And consequently, how fundamental rights are affected is of particular importance. Hence, the present paper studies the influence of algorithms in determining judicial decisions, especially from the point of view of how this issue would affect the right to effective judicial protection, recognized as a fundamental right in article 24 of the Spanish Constitution.

Natech Risk Assessment and Control Through Innovative Risk Reduction Measures – Pipeline / Landslide Interaction Case

2021 ◽  
Author(s):  
Jaime Aristizabal ◽  
Daniel Moncada
Keyword(s):  
Risk Assessment ◽  
Large Scale ◽  
Monitoring Program ◽  
Failure Surface ◽  
Directional Drilling ◽  
Horizontal Directional Drilling ◽  
Drilling Technique ◽  
Risk Reduction Measures ◽  
Inspection Data ◽  
The Right

Abstract At the end of 2018, a large-scale landslide was identified near the Right of Way of one of the pipelines operated by Cenit Transporte y Logística de Hidrocarburos. In this zone it was possible to identify a populated area and a river. At the beginning the depth of the Landslide did not represent a hazard to the pipeline due to the Horizontal Directional Drilling technique applied when the pipeline was built. A monitoring program was developed through inclinometers and piezometers and In-Line Inspections were carried out to identify any disturbance in the alignment of the pipeline. From the monitoring program and In-Line Inspection data it was possible to confirm interaction between the landslide and the pipeline. A perpendicular force to the pipeline alignment produces a bending strain at two points, and landslide interact with the pipeline along a length of 170 m. The depth of the landslide failure surface was in between 17 to 22 m, and the pipeline was about 15 m deep. Due to this interaction, it was necessary to develop a risk assessment to identify a safe limit displacement. For a while, this allowed us to design both a temporal innovative solution considering a flexible pipeline and a definitive solution to build the new segment of the pipeline which was deeper than the last one, through the Horizontal Directional Drilling technique.

EU Sanctions

2021 ◽  
pp. 177-229
Author(s):  
Jan Wouters ◽  
Frank Hoffmeister ◽  
Geert De Baere ◽  
Thomas Ramopoulos
Keyword(s):  
Case Law ◽  
Essential Elements ◽  
Fundamental Rights ◽  
Property A ◽  
The Right ◽  
Judicial Protection ◽  
Restrictive Measures ◽  
Procedural Rights ◽  
Large Corpus ◽  
The Eu

This chapter provides an overview of the sanctions that are available to the EU in the conduct of its foreign policy. First, it focuses on EU restrictive measures or sanctions analysing the applicable provisions and procedure for their adoption under the EU Treaties before making a systematic presentation of the different regimes adopted by the Union and their link to UN sanctions. The chapter also delves into the large corpus of case law on the compliance of sanctions with fundamental rights, in particular procedural rights, such as the rights of defence and the right to effective judicial protection, and substantive rights, such as the right to carry out an economic activity and right to property. A section is also dedicated to the constantly developing case law on actions for damages from sanctions. Sanctions adopted by the Union within the framework of cooperation and association agreements for the violation of certain essential elements of these agreements are also analysed. Lastly, a discussion of the specific case of the blocking statute, an autonomous measure adopted to counter extraterritorial effects of legislation and actions of third states, which was recently updated, forms part of this chapter.

Computer-generated Works under the CDPA 1988

2021 ◽  
pp. 177-195
Author(s):  
Jyh-An Lee
Keyword(s):  
Artificial Intelligence ◽  
Copyright Protection ◽  
Case Law ◽  
Legal Issues ◽  
Policy Perspective ◽  
Human Creativity ◽  
The Uk ◽  
The Right ◽  
Joint Authorship

Copyright protection in some commonwealth jurisdictions extends to computer-generated works. Although many scholars deem the right over computer-generated works to be a neighbouring right, it is still not clear under what circumstances a work is a computer-generated work. With the increasing application of artificial intelligence (AI), the copyright controversies associated with computer-generated works have become even more complicated. This chapter focuses on policy and legal issues surrounding the output of AI and copyright protection of computer-generated work under the Copyright, Designs and Patents Act (CDPA) 1988 in the UK. The CDPA approach to computer-generated work deviates from the mainstream international copyright practices, where human creativity is essential for authorship and copyright protection. From a policy perspective, it is important to explore whether this deviation can be justified. This chapter also investigates authorship issues concerning computer-generated works based on case law and its application, in particular who the person making the necessary arrangements is, and what the necessary arrangements in the AI environment are. Other issues relevant to computer-generated work, such as copyright term and joint authorship will be analysed as well.

Artificial Intelligence in Global Health

2019 ◽  
Vol 33 (02) ◽  
pp. 181-192 ◽  
Author(s):  
Sara E. Davies
Keyword(s):  
Artificial Intelligence ◽  
Global Health ◽  
Large Scale ◽  
Minority Groups ◽  
Outbreak Detection ◽  
Influenza Surveillance ◽  
Influenza Outbreak ◽  
Media Communications ◽  
The Right ◽  
Real Time Information

AbstractArtificial intelligence (AI) is reaching into every aspect of global health. In this essay, I examine one example of AI's potential contributions and limitations in global health: the prediction, treatment, and containment of a global influenza outbreak. The potential advantages are clear. AI can aid global influenza surveillance platforms by improving the capacity of organizations to look for novel influenza outbreak strains in the right places, to identify populations most likely to spread influenza, and to produce real-time information about the disease's spread by monitoring social media communications to track outbreak events. There are also very real limitations to what AI can do, and it is crucial that AI not be used as an excuse not to invest in strengthening health systems and other traditional components of global healthcare. AI may also be able to improve our understanding of who should receive a vaccine and what is most effective for large-scale vaccine delivery, but there will always be blind spots that the data cannot fill. Investment in healthcare, with attention to the danger of minimal access to care for minority groups that are at risk and in fragile situations, remains the best chance to prepare communities for outbreak detection, surveillance, and containment.

5. The Right to Silence and the Privilege against Self-Incrimination

Evidence ◽  
2018 ◽  
Author(s):  
Andrew L-T Choo
Keyword(s):  
Human Rights ◽  
Criminal Justice ◽  
Case Law ◽  
European Convention ◽  
Public Order ◽  
Substantial Body ◽  
Legal Advice ◽  
Right To Silence ◽  
The Right ◽  
Court Of Appeal

Chapter 5 deals with the right to silence and the privilege against self-incrimination. It considers relevant provisions of the Criminal Justice and Public Order Act 1994. These include sections 34, 36, and 37, which permit adverse inferences to be drawn from certain failures of the defendant at the pre-trial stage. Section 34, in particular, has generated a substantial body of case law. The manner in which the Court of Appeal has resolved the issue of silence on legal advice has been subjected to particular criticism. The operation of section 34 has been held to be compatible with the European Convention on Human Rights so long as a sufficiently watertight direction is given to the jury. The precise extent to which the privilege against self-incrimination applies to real evidence also remains uncertain and is an issue requiring resolution.

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