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1.
The right to a fair trial of legal persons throughout the case law of the ECHR and the CJEU
Mariia Sokolova, 2023, izvirni znanstveni članek

Opis: The ambition of this article is an analysis of the right to a fair trial of legal entities through the prism of the jurisprudence of the ECtHR and the CJEU. Despite the factual admission of the right to a fair trial to companies in the case law of the Courts, the absence of a strong theoretical foundation and persuasive explanation in their judgments raises ambiguity as to the ECtHR and the CJEU positions in that regard. In that context, the article examines landmark cases of both Courts and relevant doctrinal considerations concerning the application of guarantees provided by the right to a fair trial to legal persons. The ECtHR case law is considered inconsistent and the Strasbourg court, it appears, tries to avoid any far-reaching conclusions. The CJEU in its case law, due to the inherent focus of EU law on economic values, interprets the right to a fair trial of companies broadly, and sometimes, broader than it is needed. It is concluded that the issue requires more attention from both the Courts and legal scholars, in the view of serious consequences the ignorance and unfounded admission of any fundamental right could entail to the society and economy.
Ključne besede: the right to a fair trial, the right to an effective legal remedy, legal persons, companies, fundamental rights of companies, ECHR, Charter of Fundamental Rights
Objavljeno v DKUM: 18.04.2024; Ogledov: 80; Prenosov: 3
.pdf Celotno besedilo (426,22 KB)
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2.
Perspectives of artificial intelligence in judiciary: application in selected parts of civil proceedings : application in selected parts of civil proceedings
Mariia Sokolova, 2021, magistrsko delo

Opis: The master’s thesis is devoted to the issue of Artificial Intelligence (AI) perspectives in the judiciary, in particular, its application to selected parts of civil proceedings. AI affects virtually the future of every industry and every human being. The application of AI technologies in the legal industry is an issue of growing interest. In particular, attention is drawn to the judicial system due to the fact that, apart from its position of guarantor of justice in society enabling its members to enjoy their rights and freedoms granted by law, it is a service of its nature. Almost all leading jurisdictions apply AI systems in attempts to enhance the efficiency of the court proceedings. Without any doubts, AI already and successfully can imitate activities traditionally performed by humans in the courts: from vision, recognising and extracting information, whether from the document, picture or natural speech, to analysing of information received and predicting the outcomes or decision-making. However, it is hard to say that AI-era in the judiciary has already begun. There is no jurisdiction in the world in which AI is fully given ‘green light’- they are all at the beginning of the AI-journey. That is mostly due to the fact that the same technical specifications, which power achievements, accuracy and flexibility of AI, place serious limitations for the wide application thereof. First of all, AI systems rely on data, which can be biased or spoiled in another way initially or easily manipulated later. Secondly, AI systems are not transparent (black-box-problem) and, as a result, are incomprehensible. These two shortcomings place an obstacle for the correct realisation of some fundamental rights in civil proceedings in their traditional understanding, and consequently, for the wide deployment of AI systems therein. It is concluded that the application of AI in the judiciary, in general, and in the civil proceedings, in particular, is subject of sufficient limitations mostly due to incompliance of AI systems with the traditional understanding of fundamental rights and principles the civil proceedings stand on. In the pursuit of the effectiveness of judiciary by means of AI application, fundamental guarantees can appear at stake, and vice versa, in the pursuit of respect of fundamental rights, the judiciary may be left out of the modern world in the stage of complete inadequacy to the needs of the society, therefore, the issue is required extensive research in order to find a fair and right balance.
Ključne besede: artificial intelligence, judiciary, civil proceedings, AI-judge, efficiency of the judiciary, automatic decision-making
Objavljeno v DKUM: 24.09.2021; Ogledov: 850; Prenosov: 117
.pdf Celotno besedilo (1,13 MB)

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