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Risks of Artificial Intelligence-Based Decision Support and Decision-Making Systems in Executive-Level Decision-Making in Companies: A Literature Review
152-177Views:798The study examines the risks associated with artificial intelligence (AI) based decision-making and decision-support systems in the decision-making processes of company executives, as well as small and medium-sized enterprises. Due to global trends and digital advancements, company management increasingly faces complex decisions, which AI-based decision-making and decision-support systems may well be suited to support. However, this carries several risks, and the study aims to identify the legal, ethical, and business risks associated with the use of such AI systems, with a particular focus on the decisions made by company executives. The analysis is based on a literature review, which will ultimately be compared with survey responses found in the AI Index Reports published annually by Stanford University.
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The Client and Authority Proceedings in the Digital Era
74-101Views:742The study examines the digital transformation of Hungarian administrative procedure and the advance of automation. Based on statistical data, the study highlights that in connection with digital public administration procedures, the importance of customer-focused services appears as the standard of digital public administration. Digitalization is dominated by electronic contact options, online information and submission of electronic requests, rather than complete automation of administrative procedures. The study focuses on digital authority procedures from the point of view of how this manifests itself primarily for the client: how to satisfy the need for information, how to contact the authorities and how to initiate the procedure. In addition to the legal bases, this part primarily focuses on the possibilities. After that, the consequences of digital solutions (automation) for making substantive decisions from the customer's point of view are discussed; this part of the study therefore concentrates more on the normative side of the processes and finally analyzes this. As a result, it states that automatic decision-making is mainly used in case of registrative acts based on official records and decisions embodied in decision-type documents, but there are already examples of the automation of the decision-making mechanism in connection with the production of facts. Although more complex automation is just spreading its wings, in connection with the rapid technical development and innovations of recent years, the legal system must keep up with digitalization and not give in to it.
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Developing Blockchain-Based Distributed AI for Personal Data Protection
9-27Views:779The aim of the paper is to present some of the general principles of data protection law that can be applied to automated decision-making built on blockchain-based data processing in order to comply with the provision of the European Union’s General Data Protection Regulation (GDPR). The analysis focuses on the applicability of the ‘data protection by design’ principle during the development of such systems. My hypothesis is that because blockchain-based networks are built on distributed data processing operations, therefore data controlling or processing of participating nodes should comply with some abstract data protection patterns predetermined and collectively built-in during the system’s development phase. For the sake of better understanding, I presented the human mind and its ‘uploading’ with conscious and unconscious content as an analogy to blockchain-based AI systems. My goal is to highlight that the fusion of blockchain and machine learning-based AI can be a suitable technology to develop serious automated decision-making systems (so-called ‘distributed AI’). The compliance of these distributed AI systems with data protection law principles is a key issue regarding the very serious risks posed by them.
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Cognitive Sciences and Judicial Decision-Making
109-132Views:645Nowadays, judges are expected not just to administer justice, but to have skills and abilities to realize and be aware of standards and laws which can be discovered and analysed by the so- called cognitive sciences. In case we accept that “judges are human beings as well”, we must also assume that their minds and decision-making processes are subject to generally accepted scientific facts. However, cognitive sciences are less known in Hungary, and by using their fruitful results in legal procedures (e. g. in court trials) a greater level of objectivity can be achieved in adjudication which can lead to more accurate judicial decisions.
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Paradigm shift in management of enviromental problems: The ecosystem services concept and its legal aspects
98-113Views:282The majority of global environmental problems has remained unresolved mostly due to inadequate communication between natural and social sciences. This paper reviews the origin of the ecosystem services concept and presents the main valuation methods and emergence of that in legal terminology. The concept has ecological and economical roots thus can bridge environmental protection and development needs. It is clear that valuation and integration in decision-making of these essential ecological processes is one of the recent greatest scientific challenges.
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Environmental Mediation in Germany
60-77Views:307It has always been a difficult question for the State to ensure effective decision-making processes for instances where public participation is considered to be a requirement. This question might be even more essential when it comes to disputes concerning large-scale projects with environmental impact. When the public is affected by such project, the contractor must be really prudent, otherwise high number of litigation may be initiated afterwards. The very special form of mediation, the so-called environmental mediation may offer a solution to this problem, by allowing all participants to meet and discuss every crucial issues related to projects described above. It is also important to emphasize that not the same requirements apply to environmental mediation and to other civil law related mediation procedures. The aim of environmental mediation would not be less than to improve the quality of public bodies’ decisions.
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The Correlation between Second-Instance Review and the Decision-Making Powers of the Appellate Court in Criminal Procedure, in Light of an Unsuccessful Attempt to Amend Procedural Law
92-110Views:153From the perspective of Hungarian criminal procedure law literature, the period between 1954 and 1958 proved to be very productive. The background to this was that the legislator made significant changes to the appeal system, attempting to adopt the Soviet cassation-revision system. This concept was met with resistance from legal literature and resulted in a high degree of uncertainty in legal practice, which together prompted the legislature to restore a system very similar to the original. All this rightly raises the question: why was the theoretical framework of socialist Hungarian criminal procedure unsuitable for the cassation-revision system? In my study, I attempt to answer this question.
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The Temporal Scope of the German Criminal Code
149-172Views:594The problem of temporal scope is also reflected in Germany’s criminal law. Its essence is the usage of the more lenient law in the case of the difference between the law of perpetration and the law of decision-making. The German Criminal Code has a 150 year history, with the original version being around 170 years old. It’s respectable age allows us to conclude that it has a stable character, however due to its countless modifications there has always been a significant problem – and there still is today – in relation to its interpretation. This study also provides a brief outlook on the regulation of the temporal scope in other German-speaking countries.
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The One Who Wanted Online Courts Before the Coronavirus: Review of Richard Susskind's New Book "Online Courts and the Future of Justice"
192-200Views:483In November 2019 Richard Susskind, who is relatively known and popular in Hungary as well, published his new book “Online courts and the future of justice” issued by Oxford University Press. The author argued rather radically for the necessity of the change of legal services in his previous books before and he has maintained this approach. This time Susskind argues for the transformation of the century-old court systems giving alternative ideas about what sort of methods and ways in which we should transform our courts in order to make judicial services available for every person indeed. As the title suggests, the core concept of the book is the realization of online courts, which has slowly become a reality amid the pandemic caused by the coronavirus. Thus, the concept of Susskind may be called even fatidical from this perspective.
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The Development of ESG Regulation and the Measurability of the Social Dimension: International Trends and Domestic Challenges
111-126Views:250With the growing global interest in sustainability and corporate social responsibility, the application of ESG (Environmental, Social, Governance) criteria has gained a prominent role in corporate operations and investment decision-making. The research focuses on the development of ESG regulation, in particular the challenges of measuring the social (S) dimension. Although the regulation and assessment of environmental and governance factors have become increasingly standardized, the measurability of social aspects still raises several methodological problems. Previous research has highlighted the significant differences between ESG ratings and the difficulties of reliably measuring social performance, especially when using qualitative, subjective indicators. The aim of this study is to explore how the regulatory environment – in particular the EU CSRD and the Hungarian ESG Act – can facilitate the harmonised assessment of the “S” dimension. The research is based on a document analysis and an examination of domestic regulatory frameworks. The results show that mandatory reporting and the introduction of the principle of dual materiality can improve the transparency and comparability of social impacts. However, the quality and reliability of reports can only be increased if companies operate appropriate internal control and certification systems. The research highlights the importance of measuring the “S” dimension and the need for regulatory support for it in order to achieve sustainable economic development.