Publication details
Automatizácia súdneho rozhodovania ako ochrana nedistributívnych práv
| Title in English | Automation of Judicial Decision-making as Protection of Non-distributive Rights |
|---|---|
| Authors | |
| Year of publication | 2025 |
| Type | Article in Periodical |
| Magazine / Source | Časopis pro právní vědu a praxi |
| MU Faculty or unit | |
| Citation | |
| web | Open access článku |
| Doi | http://dx.doi.org/10.5817/CPVP2025-1-2 |
| Keywords | Non-distributive Rights; Automation of Judicial Decision-making; Right to Judicial Protection; Efficiency of Judicial Proceedings |
| Description | The text focuses on non-distributive rights and the possibility of protecting them through the introduction of automated decision-making. To do so, it first introduces the concept of non-distributive rights in general (based on Holländer's conception), then the thesis attempts to identify the non-distributive aspect that could be protected by the introduction of automation. In relation to this, the work will focus on the possible non-distributive component of the right to a fair trial, as a right to effective judicial protection, taking into account the case law of the ECtHR. An analogous approach to this will be studied through the protection against bad faith complaints. Finally, the paper will contrast the interference with the individual right to a fair trial against the generally addressed efficiency of the judicial system, with respect to substantive fair trial (timely acceptable outcome) vs. formal fair trial (formally fair delayed outcome). Thus, it should be a conceptualisation or adoption of the concept of non-distributive rights and its subsequent use to assess the possibility of introducing automated decision-making in judicial processes. |