In issue 4/2021 of the Zeitschrift für Digitalisierung und Recht (ZfDR), which was published today, Alexander Tischbirek examines the legal framework for the use of artificial intelligence (AI) in discretionary administrative decisions. The article makes use of specific examples to show where discretionary administration is already experimenting with AI. The article questions the accuracy of Germany's current Administrative Law doctrine when it comes to matters of digitalization, and it suggests some proposals for reform in order to make the practical advantages of discretionary AI fruitful for the administration without dissolving responsibility and reducing legal protection (in German with an English abstract).
Karlsruhe Canons? Self-canonization and external canonization of the case law of the German Federal Constitutional Court
In the current issue 4/2020 of the AöR, a study co-authored by Alexander Tischbirek was published, which investigates the canonization of the German Federal Constitutional Court's case law. For this purpose, firstly, textbooks and case collections were evaluated quantitatively. Secondly, the court's self-citations were read out with the help of a computer and from this a citation network of all published Senate decisions of the Federal Constitutional Court was calculated. Thus, the study is also an attempt to receive methods of the so-called "Digital Humanities" for jurisprudence.
The article (in German with an English abstract) can be read here.
New Study on the Enforcement of the Non-Discrimination Principle in Private Law
A study on the enforcement of the non-discrimination principle with regards to the access to goods and services, which was co-authored by Alexander Tischbirek, was published today by Germany's national antidiscrimination agency [in German].
The study compares classic means of individual legal enforcement with strategic lawsuits, association action, arbitration proceedings and proceedings before ombudsman institutions on the basis of numerous case studies. It measures these different mechanisms against the requirements of European and German anti-discrimination law. From this, concrete options for strengthening the enforcement of the non-discrimination principle are developed.
Further information on the study can be found on the website of the German antidiscrimination agency [in German].