In this workshop, Law researchers, Ivanka Karaivanova, Leonore ten Hulsen, and Ludivine Stewart will present their work entitled, respectively, 'Effective Public Enforcement in the Digital Era', 'Conceptualizing Responsibility to Investigate Shifting Responsibilities in EU Security and Crime Control' and 'Quo Vadis Due Process? AI-driven Technologies in Asylum Procedures' to discuss ongoing transformations in the EU Digital Public Order.
'Effective Public Enforcement in the Digital Era' by Ivanka Karaivanova
The presentation will be based on Ivanka’s second thesis chapter and will introduce a theoretical assessment framework of, firstly, effective regulatory enforcement. Building upon the existing scholarship on enforcement, more generally, and enforcement of EU law by Member States, more narrowly, the central question will be what constitutes de facto effectiveness. It will be then taken into account how the rapid technological and market developments intrude enforcement and reshape the notion of effectiveness. The outcome will be a conceptualised definition of effective enforcement in the digital era. The second part of the presentation will focus on the question whether different enforcement styles can be distinguished. To answer this question, different enforcement practices are examined and compared to provide the background construction for the future study of variation in enforcement within the EU.
'Conceptualizing Responsibility to Investigate Shifting Responsibilities in EU Security and Crime Control' by Leonore ten Hulsen
Responsibility as a term is widely used in new EU legislation. For example, the new Europol Regulation, the Regulation (EU) 2021/784 on addressing the dissemination of terrorist content online (TERREG) and the Proposal for a Regulation laying down rules to prevent and combat child sexual abuse (CSAM Proposal) mention responsibility in several articles without clarifying what is meant by it. In her presentation, Leonore attempts to remedy the lack of clarity on the meaning of the concept in EU law and proposes a legal-philosophical definition of the concept. During this presentation, Leonore will discuss two specific parts of her conceptual work: a discussion of the different types of responsibility that she identifies, and the working definition she proposes based on this classification.
'Quo Vadis Due Process? AI-driven Technologies in Asylum Procedures' by Ludivine Stewart
In their strive for efficiency, states and international organisations are increasingly experimenting with digital technologies in asylum and migration. Next to blockchain and data carrier analysis of asylum seekers, more and more administrations are testing or implementing systems driven by artificial intelligence technologies in procedures for international protection. Although AI promises to increase efficiency, this technology raises important concerns as regards the requirement for fair asylum procedure, the latter being an essential condition for the effective implementation of the Convention relating to the Status of Refugees and a key objective of European asylum policy.
In order to assess the impact of AI on fair asylum procedures, a better understanding of the concept of fair procedures, also known under the name of due process, is needed. With this aim, this paper advances a theoretical account of fair procedures, drawing from legal theory in procedural justice. The guiding question of this paper is: what does due process require from procedures and how does the use of AI systems challenge those requirements? Drawing from theories on procedural justice, this presentation identify elements to evaluate whether procedures comply with due process.
Speaker bios:
Ivanka Karaivanova works on public enforcement of data protection law and consumer protection law in the digital market. In particular, she is conducting an empirical comparative study to explore the hypothesis that regulatory authorities of EU Member States with different enforcement styles are executing the enforcement of EU law differently, focusing on their ability to respond to the digital transformation and adapt to the far-reaching challenges of the digital age.
Leonore ten Hulsen is a PhD researcher in law & technology. Her PhD research is titled 'Shifting Responsibilities in EU Security and Crime Control: The role of Europol and Internet Service Providers'. It aims to understand how Europol is contributing to a shift towards private responsibilities in EU security provision and crime control.
In her research entitled 'Reclaiming Due Process: ‘Fair and efficient’ Asylum Procedures in the Digital Age', Ludivine Sarah Stewart examines the deployment of artificial intelligence in national asylum procedures in Europe and the implications of this technology for due process in Europe. She is currently in her second year as a PhD researcher at the Law Department of the EUI.