25 July 2023
A Scandal on AI in Administration, Again
After the infamous Dutch benefits scandal, the Netherlands are yet again the scene of wrongful application of an algorithm by the government. This time, the main actor is the Dienst Uitvoering Onderwijs (DUO), the Dutch agency responsible for the allocation and payment of student loans to those enrolled in Dutch higher education. Specifically, DUO used an algorithm in their enforcement task, namely to verify whether the student loans have been rightfully allocated. In 2012, DUO commenced the use of this ‘in-house’ algorithm, which the Minister of Education – under whose responsibility DUO falls – halted on 23 June. The developments in the Netherlands epitomize the promises and pitfalls of further integrating automated decision-making (ADM) into public administration. On the one hand, ADM – sometimes labelled ‘artificial intelligence’ – is cheap and promises efficiency gains. On the other hand, ADM systems may be error-prone when facing the complex realities of societal life and legal ambiguity. Continue reading >>
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04 April 2017
“A Roguish and Unpopular President is potentially an Occasion for the Judiciary to Shine”
Will Democrats be able to block Neil Gorsuch's confirmation as Supreme Court Justice, and how will it affect the Court if they won't? Mattias Kumm on the latest developments in the nomination process and the judiciary's role in holding the Trump administration in check. Continue reading >>13 March 2017
State Reform in Greece: Legal and Practical Considerations
For the Greek drama to be resolved on a long-term basis, the shift from the exclusive focus on finances to institutional arrangements is long overdue. Armin von Bogdandy and Michael Ioannidis convincingly set out the proposal’s significant advantages. At the same time, however, its implementation might raise a host of both legal and practical considerations. Continue reading >>
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