Frontex and ‘Algorithmic Discretion’ (Part I)

oleh: Amanda Musco Eklund

Format: Article
Diterbitkan: Max Steinbeis Verfassungsblog GmbH 2022-09-01

Deskripsi

<p>This contribution, presented in two parts, offers a predictive glimpse into future rule of law challenges due to the European Border and Coast Guard Agency’s (Frontex) primary responsibility for the automated processing and screening rules of the soon-to-be-operational European Travel Information and Authorisation System (ETIAS) at the EU’s external borders. . In Part I on legality, I argue that the ETIAS screening rules algorithm illustrates how automation can lead to what I suggest is a new form of arbitrariness – which I refer to as ‘algorithmic discretion’. This can be defined as a situation where the exercise of power and discretion and their limitations are not sufficiently specified at the legislative level but are delegated to an algorithm instead.</p>