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SSRN Electronic Journal
Article . 2025 . Peer-reviewed
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Common Market Law Review
Article . 2026 . Peer-reviewed
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Extrajudicial and Judicial Remedies in Algorithm-Assisted Decision-Making: The Case of EU IT Systems for Migration and Security

Authors: KARAISKOU, Alexandra; VAVOULA, Niovi;

Extrajudicial and Judicial Remedies in Algorithm-Assisted Decision-Making: The Case of EU IT Systems for Migration and Security

Abstract

This article examines the challenges posed by algorithm-assisted decision-making in interoperable EU-wide large-scale IT systems vis-à-vis access to extrajudicial and judicial remedies. Focus is placed on automated risk assessments via profiling and automated data matching introduced in two EU large-scale IT systems, namely ETIAS and the revised VIS, both of which will employ algorithms to assist in the examination of applications for visas and travel authorizations. The article critically assesses the effectiveness of existing safeguards contained in the respective regulations under EU data protection and administrative law in light of European and international efforts to regulate artificial intelligence. By doing so, it makes a threefold contribution: (1) it provides a taxonomy of extrajudicial and judicial remedies provided by EU data protection and administrative law as well as the AI Act; (2) it offers an in-depth assessment of the remedial mechanisms included in the ETIAS and revised VIS rules; and (3) it highlights important shortcomings and suggests possible regulatory solutions. It is argued that the EU’s eagerness to employ advanced technologies in the field of migration management may further undermine the protection of third-country nationals’ fundamental rights, including their right to legal remedies, the latter not being sufficiently adjusted to the new era of algorithm-assisted decision-making.

Countries
Luxembourg, Italy
Keywords

European & international law, Artificial intelligence, Droit, criminologie & sciences politiques, Machine learning, Droit européen & international, Criminal law & procedure, Droit pénal & procédure pénale, Algorithmic decision-making, Interoperability, Law, criminology & political science, EU large-scale IT systems

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
Fields of Science
Fields of Science
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