Safeguarding the Right to an Effective Remedy in Algorithmic Multi-Governance Systems: An Inquiry in Artificial Intelligence-Powered Informational Cooperation in the EU Administrative Space

Abstract

This paper focuses on the right to an effective remedy in the public sector when algorithms are used to support decision-making processes. More particularly, the focus will be on how the effectiveness of judicial review can be ensured in such contexts. This paper questions whether effective judicial review is possible where recommender systems are deployed in a multi-governance system such as the EU administrative space. Since assessing the effectiveness of judicial review requires a caseby-case analysis, the possible deployment of recommender systems in the EU administrative space, regarding informational cooperation, will serve as a case study. Today, informational cooperation understood in the context of composite procedures is widely used and has evolved from information requests, from one national administration to another, to shared databases and IT systems used as platforms to exchange information. It is assumed hereafter that the next evolution to these databases and IT systems is the deployment of recommender systems. If these recommender systems are starting to be deployed, compliance of their use with the procedural dimension of the rule of law and, more particularly, the right to an effective remedy must be complied with.