Uniform Application Research Articles

КОНСТИТУЦИЯВИЙ СУД ТОМОНИДАН ҲУҚУҚ НОРМАЛАРИНИ ШАРҲЛАШНИНГ АЙРИМ НАЗАРИЙ-ҲУҚУҚИЙ МАСАЛАЛАРИ

For the purpose of uniform application of normative acts by citizens, officials, state bodies, it becomes necessary to interpret them. The activity to establish the exact content of a legal act for its practical implementation has received a name in the legal literature –interpretation. Thus, the article analyzes the legal position of the Constitutional Court of the Republic of Uzbekistan in the understanding of modern realities, the essence of adopted normative-legal acts, law enforcement practice, and the role and significance of constitutional appeals. Also author shows the theoretical problem of the concept and content of constitutional and legal interpretation. The signs and features of this type of interpretation are revealed, itsuniversal nature is emphasized, the problems of interrelation with related categories are touched upon, and its definition is given.Key words: constitutional judiciary, the competence of Constitutional court, constitutional application, law enforcement, official interpretation

The Importance of the Jurisprudence of the Court of Justice of the European Union for the Consistent Application of the Service Directive

In this paper, we explore the implementation of the Directive on services in the internal market in the Member States of the European Union, with the focus on assessing the clarity of the norms of this acquis. We perform analysis of selected cases from the jurisprudence of the Court of Justice. The source of law in question, among other things, we consider with regard to its implementation in the areas of public health, certification and technical supervision, and in the field of veterinary services. The topic of our work is useful for the professional and scientific community due to the further clarification of the importance of the development of the case law of the Court of Justice for the uniform application of the Directive governing a very important segment of the internal market.

Does Institutionalising Reasonable Accommodation Increase Conscientious Objections of Medical Professionals?

"In January 2020, the Council of Europe has rejected a resolution that recommends reasonable accommodation of employee’s religious practices in the workplace. The concept of reasonable accommodation emerged in the United States and in Canada to allow some flexibility in the application of laws to achieve substantial equality for all, as uniform application of seemingly neutral laws can cause disadvantages to ethnic or religious minorities, and people with disability. However, reasonable accommodation of religious practices in the workplace such as hospitals is often criticised in two ways; first, it makes it easier for the doctors to register a conscientious objection against providing abortion or reproductive treatment and thus harms women’s reproductive rights. Second, in the same manner, medical professionals may use reasonable accommodation as an excuse to refrain from providing certain medical care to sexual minorities. The purpose of this paper is to indicate that such secularist criticisms of reasonable accommodation are implausible. To show this, this paper first reviews the idea of reasonable accommodation in North America and Europe. Then, the reasonable accommodation debate occurred in Québec, Canada and the report by Bouchard-Taylor Commission (2007-2008) are examined in light of theories of deliberative democracy to illustrate the asymmetry of power between the majority and the minority groups in the negotiation process. Lastly, this paper argues that reasonable accommodation as a means to negotiate the demands for accommodation of religious practices is limited. Thus it is unlikely to undermine the fundamental liberal values of the majority. "

Law on Reservations to Human Rights Treaties: Historical Development and Its Prospects

The application of rules on reservations under the Vienna Convention on Laws of Treaties (VCLT) has generated a debate to revisit the Vienna regime. The rules on reservations under the VCLT have helped attain the universality of human rights treaties but at the price of integrity. The beneficial aspect of reservations is the promotion of universal recognition of human rights treaties. However, they have shattered the uniform and practical application of the provisions of these treaties. The disappointment of the treaty monitoring bodies over the VCLT’s rules on reservations to human rights treaties has resulted in the demand for a separate set of rules on reservations drawn to them. The universality and integrity of these treaties have been at the forefront of the treaty bodies and scholars. In the current debate on rules on reservations, this research tracks down the historical development of the law on reservations to multilateral treaties. It highlights the unique features of the human rights treaties and examines the application of rules to determine the compatibility of reservations. The research suggests treaty bodies adopt a novel approach to maintain the balance between universality and their integrity. Received: 9 April 2021 / Accepted: 3 June 2021 / Published: 5 September 2021

Punitive damages in trademark infringement disputes in China: challenges and prospects

Punitive damages were introduced into the intellectual property field in China by legislation permitting their imposition for malicious and serious infringements. This paper offers a comprehensive legal framework of punitive damages regarding trademark infringement and a critical analysis of the application of punitive damages in trademark infringement disputes in Chinese judicial practice. My research reveals that punitive damages have rarely been imposed since the punitive damages provision, Article 63 of the Trademark Law, took effect in 2014, whereas statutory damages have been applied extensively. The reason for this is that there are few guidelines for the application of this provision. The challenges to the application include undefined statutory requirements, difficulties in not only assessing compensation but also providing evidence and determining the multiple of compensation, and an unclear relationship between statutory damages and punitive damages. The 2019 Amendment of the Trademark Law retains these problems. Fortunately, the recently released Judicial Interpretation and typical cases concerning punitive damages contribute to resolving them. Moreover, those cases in which punitive damages have been applied have gradually revealed some basic principles for their application. Reform suggestions are offered in order to stimulate the development of a more thorough and uniform application of the punitive damages provision.

Uniform chain decompositions and applications

AbstractThe Boolean lattice is the family of all subsets of ordered by inclusion, and a chain is a family of pairwise comparable elements of . Let , which is the average size of a chain in a minimal chain decomposition of . We prove that can be partitioned into chains such that all but at most proportion of the chains have size . This asymptotically proves a conjecture of Füredi from 1985. Our proof is based on probabilistic arguments. To analyze our random partition we develop a weighted variant of the graph container method. Using this result, we also answer a Kalai‐type question raised recently by Das, Lamaison, and Tran. What is the minimum number of forbidden comparable pairs forcing that the largest subfamily of not containing any of them has size at most ? We show that the answer is . Finally, we discuss how these uniform chain decompositions can be used to optimize and simplify various results in extremal set theory.

Hydraulic Design of the Center-Pivot Irrigation System for Gradually Decreasing Sprinkler Spacing

Design strategies that enhance modern irrigation practices, reduce energy consumption, and improve water use efficiency and crop yields are fundamental for sustainability. Although microirrigation is currently a widely applied method, center-pivot irrigation systems have become very popular on large farms, thanks to their automation, wide-coverage, and reliability. Different design procedures have been proposed, even though some aspects have not been solved yet. This paper presents a simple design procedure for center-pivot systems using a gradually decreasing sprinkler spacing along with a pivot lateral, which makes it possible to set favorable and uniformly distributed water application rates. The sprinkler spacing distribution along the radial direction is derived by considering just one dimensionless group accounting for the geometric and hydraulic input parameters. According to this outcome, the results showed that the suggested procedure made it possible to select the sprinkler characteristics and the pipe diameter based on the desired input parameters, i.e., the uniform water application rate and the lateral length. For assigned input parameters, the lateral length is delimited by a threshold value, indicating that lateral lengths longer than that threshold value require the modifications of a sprinkler flow rate or pipe diameter. Finally, applications based on the proposed hydraulic design procedure were performed and discussed for two different cases.

Experimental substantiation of the composition of the gel base with hydrocortisone for use in veterinary medicine

As veterinary practice shows, most often atopic dermatitis in animals manifests itself in the form of a rash (in the ears, muzzle, paws, etc.), which in turn is accompanied by itching. First of all, prescribe a single injection of glucocorticoids, or short-term therapy. Corticosteroid hormones (glucocorticoids) are one of the most powerful antiallergic drugs. They are effective in treating almost all types of allergic reactions. An appropriate dose of glucocorticoids is required to obtain a rapid effect, and the form of the drug should be convenient to use.
 The aim of the research. The aim of our study was experimentally substantiate the choice of the optimal gelling agent when developing a gel composition with hydrocortisone for use in veterinary medicine.
 Materials and methods. Physical, physico-chemical and pharmaco-technological methods were used during the experimental study. Studies were performed according to the method described in the SPhU. The rheological properties of the samples were determined using a rotary viscometer type Brookfield HB DV (USA) with spindle SC4-21.
 Results. As a result of the research, it was found that Aristoflex as a gelling agent in the development of a veterinary drug of local action will ensure the availability of appropriate extrusion properties (namely, easy and uniform application of animal skin, ease of use). Gels with hydrocortisone based on Aristoflex gave stable performance, which was confirmed by the results of mechanical and colloidal stability.
 Conclusions. The composition and technology of a hydrocortisone gel for local therapy of atopic dermatitis in animals has been developed. Aristoflex at a concentration of 1.5 % on the basis of a set of physicochemical, structural-mechanical and biopharmaceutical studies was selected as the optimal gelling agent in the drug

ІНСТИТУТ ПРЕФЕКТА: ФРАНЦУЗЬКИЙ ДОСВІД В УМОВАХ ДЕЦЕНТРАЛІЗАЦІЇ ВЛАДИ

The article considers the features of the French model of the institution of a prefect. The influence of the decentralization of state power on the development of the legal status of the prefect is analyzed. It is established that as a result of the decentralization reform, the executive powers have been transferred from prefects to the chairmen of departmental and regional councils. It is found that the powers of the prefect have a constitutional basis and are aimed at ensuring national interests, exercising administrative control and enforcing laws. The main powers of the prefect as a representative of the state at the corresponding levels of administrative-territorial organization are described. It is established that the functions of the prefect of the region and the department, as a rule, are simultaneously combined by one of the prefects of the department in which the main city (capital) of the region is located. At the same time, the prefect of the department, in accordance with current legislation, is subordinate to the prefect of the region, and the subprefect acts as an assistant to the prefect of the department in the administrative district. It is also found that there is an interest at the level of parliamentary initiatives in strengthening the role of sub-prefects as the level of representation of the state closest to the population. Much of the study focuses on the prefect's interaction with local governments, including oversight of the rule of law. The mechanisms of control are highlighted and it is revealed that through the control over the legitimacy of acts of local self-government bodies, the indirect influence of the prefect on decision-making at the local level is manifested. It is found that in the process of decentralization, the influence of the prefect on local governments has significantly diminished. As a result of the reform, instead of taking care of local governments, the prefect was given the competence to supervise their activities. Taking into account the above-mentioned factors, it is concluded that the prefect acts as a guarantor of the unity of the republic, as well as ensures the observance of public order and uniform application of the law throughout the territory. In addition, his functions as a representative of the state are aimed at a partnership with local governments. Given the results obtained, the positive experience of the French Republic can be applied to the successful promotion of domestic decentralization reform and used for further research in this area.

Five-star rating system for acceptable quality and dose in CT

• Recent papers have shown examples of the methodology involved in integrating image quality with radiation dose and assessing acceptable quality dose (AQD).• As a further step in that direction, translating a 5-point score into a 5-star rating shall be helpful for wider and uniform application and shall be in line with the popular use of the 5-star rating.

HARMONIZATION OF CRIMINAL PROCEDURE AS A MEANS OF ENSURING THEIR UNIFORM APPLICATION

The law of criminal procedure contains a number of rules with different content, which raises a number of questions in their interpretation and application. Decisions made using rules with different content lead to their appeal, often to annulment, which does not ensure the achievement of the appointment of criminal proceedings, but leads to unjustified red tape in criminal proceedings and the delay in making final decisions on them. The need to harmonize criminal procedure rules is related to ensuring high-quality and effective criminal proceedings, ensuring the protection of the rights of participants in criminal proceedings, the quality of the evidence process, both in pre-trial and judicial proceedings. The article addresses the problems of unification of criminal procedure rules containing such concepts as an investigator and urgent investigative actions. It is proposed to eliminate the contradictions in them in order to ensure their uniform application. The introduction of a single concept of investigator and refusal to use the profession of "forensic investigator" in this concept is justified, it is proposed to expand the number of participants who have the right to carry out urgent investigative actions, as well as to assign to them investigative actions carried out at the stage of initiating a criminal case.

A simulation of variable rate nitrogen application in winter wheat with soil and sensor information - An economic feasibility study

CONTEXTVariable rate nitrogen (N) management strategies are often based on information about soil texture or information from canopy sensors, mounted on ground-based vehicles or satellites. However, disentangling the effect of each information type on N management strategy with experimental studies is often difficult, as results are only valid for the specific experimental conditions as well as the weather conditions for specific years. An alternative to this is to use deterministic crop growth models to generate a wider range of weather x treatment combinations. OBJECTIVEThis study examines if ‘static’ soil profile information or ‘dynamic’ canopy sensor type information provide a better basis for decision making concerning N-application at the subfield level. METHODSThe DAISY model was used to simulate crop growth in a five-year crop rotation on six soil profiles found in a heterogeneous sandy loam field. A range of management descriptions and simulations were made using 5 × 500 years of synthetic weather data with each crop in a five-year rotation set at the first year of the five parallel simulations. Simulated growth variables were used as proxies for a ‘dynamic’ canopy sensor information system. The differential gross margin was then calculated for a range of price relations between fertilizer (model input) and wheat yield (model output), including wheat price adjustments according to protein content. From regressions and backward induction analysis, the N application that maximizes the expected grain revenue minus fertilizer expenditure was estimated for four information cases; Case 1) Uniform application, assuming no prior information, Case 2) application based on soil type information, Case 3) application based on canopy sensor information and Case 4) application based on combined soil and canopy sensor information. RESULTS AND CONCLUSIONSFindings from this study indicated that decisions with soil information alone provide an annual differential gross margin of variable rate application (without considering cost of information and technology) between 3.88 and 13.30 € ha−1 across price and soil variation. This margin approximately doubled with applications based on canopy sensor information and further doubled again with applications based on both soil and canopy sensor information. SIGNIFICANCEThus, knowledge of the soil has the potential to improve interpretation of sensor signals for fertilization planning. The results may guide developers to decide on what type of information should be included in their decision support systems.

Central auditory maturation and behavioral outcomes after cochlear implantation in prelingual auditory neuropathy spectrum disorder related to OTOF variants (DFNB9): Lessons from pilot study.

The cortical auditory evoked potential (CAEP)-based P1 component acts as a biomarker for cochlear implantation (CI) outcomes in children with auditory neuropathy spectrum disorder (ANSD). To date, early intervention primarily before the age of two years and six months of CI usage is necessary and sufficient to achieve age-appropriate cortical maturation and good prognosis. However, varying degrees of neural dyssynchrony, resulting from the etiological heterogeneity of ANSD, may preclude uniform application of this hypothesis to ensure auditory cortical maturation. Thus, a focused evaluation of those carrying OTOF variants, which may be the salient molecular etiology of prelingual ANSD, would circumvent the issue of heterogeneity. Here, we sought to provide a much better understanding of the brain perspectives (i.e., P1 maturation) in OTOF-associated ANSD subjects and set the stage for an optimal strategy to enhance language development. We conducted a preliminary study comprising 10 subjects diagnosed with OTOF-related ANSD who underwent CI by a single surgeon and subsequently underwent measurements of the P1 component. We observed that DFNB9 subjects who received CI after 2 years of age exhibited “absent” or “anomalous” P1 components that correspond to delayed language development. However, timely implantation, as early as 12 months of age per se, might be insufficient to achieve age-appropriate cortical maturation of DFNB9 in cases with six to seven months of device use. This suggests the importance of sustained rehabilitation in DFNB9 than in other etiologies. Indeed, an additional follow-up study showed that a reduction in P1 latency was linked to an improvement in auditory performance. Collectively, our results suggest that central auditory maturation and successful outcome of CI in DFNB9 may have more demanding requirements, that is, earlier implantation and more sustained rehabilitation. We believe that the current study opens a new path toward genome-based neuroimaging in the field of hearing research.

Ефективність застосування технології внесення добрив Культан

The goal of researchis todetermine the efficiency of application of urea-ammonia mixture (UAM) on winter wheat in the steppe zone with injection feeder using Cultan technology compared to the use of traditional spraying technology. Research methods: experimental-field, computational, statistical. Results. To assess the yield of winter wheat, experiments were set up in three plots. In the first plotUAMwas applied with MaxiMarinIP 1230 injection feeder. In the second plotUAMwas applied with a mounted beam sprayer. In the third plotUAMwas not applied. The yield was harvested on each plot separately. An objective assessment can be made taking into account such indicators as quantity (c / ha) and grain quality. The cost of grown grain of winter wheat with the introduction of UAMby spraying was 27560 UAH, of which the cost of UAM, taking into account the cost of processing the site - 520 UAH. The cost of grown winter wheat grain with the introduction of UAMby injection feeder MaxiMarinIP 1230 using Cultan technology was UAH 23,850, of which the cost of UAM, taking into account the cost of processing the site - UAH 520. Therefore, we found that the application of UAMby injection feeder MaxiMarin IP 1230 using Cultan technology is more effective than the application by spraying. The percentage was 15.5%. Conclusions. The use of Cultan fertilizer application technology with the use of MaxiMarinIP injection feeder increases the efficiency of winter wheat yield by 15.5%. Among the advantages are the following: - high efficiency of application in any climatic zones; - uniform application and accurate dosing of the area distribution; - fast penetration into the soil without the need for wrapping; - duration of action and quality of food; - there is no risk of burns to the leaves of plants; - disclosure of the full potential of the plant; - cost optimization and higher profitability; - there is no need to plan the application of CAS and other fertilizers depending on weather conditions, as the application is directly into the soil. Due to the active development of Cultan technology in the world and the significant demand for it from consumers, including domestic ones, it is advisable to conduct further research to study its impact on the efficiency of growing other crops.

Identifying patients with CKD risk at the time of nephrectomy: When to initiate nephrology consult

Introduction: The prevalence of chronic kidney disease (CKD) is high among kidney neoplasm patients because of the overlapping risk factors. Our purpose is to identify kidney cancer survivors with higher CKD risk. Methods: We studied a retrospective cohort of 361 kidney tumor patients with partial or radical nephrectomy. Linear mixed model was performed. Results: Of patients with follow-up >3 months, 84% were identified retrospectively to fulfill criteria for CKD diagnosis, although CKD was documented in only 15%. Urinalysis was performed in 205 (57%) patients at the time of nephrectomy. Multivariate analysis showed interstitial fibrosis and tubular atrophy (IFTA) >25% ( p = 0.005), severe arteriolar sclerosis ( p = 0.013), female gender ( p = 0.024), older age ( p = 0.012), BMI ⩾ 25 kg/m2 ( p < 0.001), documented CKD ( p < 0.001), baseline eGFR ⩽ 60 ml/min/1.73 m2 ( p < 0.001), and radical nephrectomy ( p < 0.001) were independent risk factors of lower eGFR at baseline and during follow-up. Average eGFR decreased within 3 months post nephrectomy. However, patients with different risk levels showed different eGFR time trend pattern at longer follow-ups. Multivariate analysis of time × risk factor interaction showed BMI, radical nephrectomy and baseline eGFR had time-dependent impact. BMI ⩾ 25 kg/m2 and radical nephrectomy were associated with steeper eGFR decrease slope. In baseline eGFR > 90 ml/min/1.73 m2 group, eGFR rebounded to pre-nephrectomy levels during extended follow-up. In partial nephrectomy patients with baseline eGFR ⩾ 90 ml/min/1.73 m2 ( n = 61), proteinuria ( p < 0.001) and BMI ( p < 0.001) were independent risk factors of decreased eGFR during follow up. Conclusions: As have been suggested by others and confirmed by our study, proteinuria and CKD are greatly under-recognized. Although self-evident as a minimum workup for nephrectomy patients to include SCr, eGFR, urinalysis, and proteinuria, the need for uniform applications of this practice should be reinforced. Non-neoplastic histology evaluation is valuable and should include an estimate of global sclerosis% (GS) and IFTA%. Patients with any proteinuria and/or eGFR ⩽ 60 at the time of nephrectomy or in follow-up with urologists, and/or >25% GS or IFTA, should be referred for early nephrology consultation.

Bridge over troubled water: Is it possible to define other comprehensive income?

Although other comprehensive income did not exist in the conceptual framework until 2018, it has been a part of IFRS for many years, and it has not been defined based on accounting theory. This paper considers arguments for the current use of other comprehensive income under IFRS and finds that matching and prudence are at the core of other comprehensive income in IFRS despite not being elements of the conceptual framework. This suggests that the concept of other comprehensive income exists because the IFRS standards are founded on a mix of balance sheet-based and income statement-based accounting principles. Based on the characteristics of other comprehensive income and the IASB's arguments for the recognition of gains and losses in other comprehensive income, this paper proposes a definition of other comprehensive income that can be used to ensure a uniform application of the concept across accounting standards and to reduce risks of inconsistency.

The Application by National Courts of International Treaties of the Russian Federation

The article is devoted to the actual problem of the application of international treaties by Russian courts in the settlement of disputes. The legal positions of the judiciary, formed taking into account the norms of international treaties, affect the content of national legislation. The subject of the research in this article is the norms of national and international law, which serve as the legal basis for the application of international treaties at the domestic level. The article deals with the provisions of the Constitution of the Russian Federation, federal legislation, in accordance with which the process of applying international legal acts in national courts is implemented. Practical experience is summarized by analyzing the actual judicial practice, including the practice of arbitration courts. The Author identifies and describes the characteristic features of Russian legislation and law enforcement practice aimed at the mandatory application of international norms in the courts of Russia. The article analyzes the implementation of the Convention for the Protection of Human Rights and Fundamental Freedoms and the case-law of the European Court of Human Rights in national judicial practice. The Author notes that in the Russian Federation, the consolidation of international standards, including European ones, is possible thanks to the Constitution of the Russian Federation, as well as other norms of domestic law. The special attention is paid to the decisions of the Plenum of the Supreme Court of the Russian Federation, which contain instructions for judges on the application of international treaties of the Russian Federation. There is a tendency to increase the use of international legal norms in the process of consideration of cases of various categories by judicial bodies, primarily the Constitutional Court and the Supreme Court of the Russian Federation. On the basis of the conducted research, the Author makes the conclusion about the mandatory application of international treaties of the Russian Federation for the effective and fair administration of justice and the need for uniform application of the norms of international law in practice, including by the highest judicial authorities. The legal positions of these courts reflect the obligation of the state, represented by authorities, officials, and all law enforcement agencies, to comply with and apply international treaties of the Russian Federation.

COVID-19 and the Courts. The Case of the Court of Justice of the European Union (CJEU)

COVID-19 has put forth the value of proactive and good Court administration. The Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of the European Union law. It is a complex supranational organisation, and its workings involve 24 languages. Shifting from risk management to crisis management is an arduous task in such an environment. Nevertheless, based on previous experiences and alerts, the Court took advantage of the established crisis management plans to counter the Covid-19 pandemic. This article aims to offer insights into how the Court manifested its preparedness, remained resilient and managed the crisis by enhancing its contingency plans, using its teleworking experience, benefiting from a modernised IT infrastructure, and applying its procedural rules intelligently. It will also examine how the Court envisages consolidating the judicial and administrative changes in the future.

Avaliação do desempenho de sistema de irrigação por gotejamento em cultivo de maracujá

A constante avaliação do desempenho dos sistemas de irrigação torna-se necessária para verificar se as condições previstas no projeto condizem com o observado em campo. Desta forma, objetivou-se avaliar o desempenho de sistemas de irrigação localizada visando a indicar as medidas de uniformidade. O trabalho foi conduzido na Fazenda Areião, área experimental da ESALQ/USP, Piracicaba/SP, cultivada com maracujá. A avaliação baseou-se nos seguintes coeficientes de desempenho: coeficiente de uniformidade de Christiansen (CUC), coeficiente de uniformidade de distribuição (CUD), coeficiente de uniformidade estatístico (CUE) e eficiência de aplicação (Ea) dos dados de distribuição de volume de água obtidos de teste realizado em campo. No presente trabalho os resultados mostraram que CUC (89,86%), CUD (90,37%) e CUE (99,88%) estão dentro dos padrões de classificação de desempenho dos emissores e eficiência média de aplicação foi de 83,03%, indicando que a avaliação de desempenho do sistema de irrigação por gotejamento, encontra-se em perfeitas condições de operação.

Regulatory discretion: structuring power in the era of regulatory capitalism

AbstractDiscretion gives decision makers choices as to how resources are allocated, or how other aspects of state largesse or coercion are deployed. Discretionary state power challenges aspects of the rule of law, first by transferring decisions from legislators to departments, agencies and street-level bureaucrats and secondly by risking the uniform application of key fairness and equality norms. Concerns to find alternative and decentred forms of regulation gave rise to new types of regulation, sometimes labeled ‘regulatory capitalism’. Regulatory capitalism highlights the roles of a wider range of actors exercising powers and a wider range of instruments. It includes also new forms of discretion, for example over automated decision making processes, over the formulation and dissemination of league tables or over the use of behavioural measures. This paper takes a novel approach by linking and extending the significant literature on these changing patterns of regulatory administration with consideration of the changing modes of deployment of discretion. Using this specific lens, we observe two potentially contradictory trends: an increase in determining and structuring administrative decision, leading to a more transparent use of discretion; and the increased use of automated decision making processes which have the potential of producing a less transparent black box scenario.