More control over digital implementation of legislation
Reijer Passchier, Assistant Professor of Constitutional Law in Leiden and Professor of Digitalisation and the Democratic Constitutional State at the Open University, presented his findings on digital implementation of legislation to the Parliamentary Standing Committee on Digital Affairs.
The speed with which the executive is using digital systems puts the judiciary and parliament at a disadvantage. This has risks for the rule of law, as complicated algorithms and unclear systems make it more difficult for judges and MPs to apply adequate control mechanisms.
Passchier favours a more transparent legislative process that makes it clearer how digital systems implement legislation. In addition, the professor recommends that ICT professionals meet with some regularity to critically scrutinise the digitisation aspects of new laws.
The briefing for the Standing Committee underscores the necessity for improvements and comes at a time when more and more public authorities – also worldwide – are using digital systems to implement legislation. It also calls for more accountability in the digital implementation of legislation to prevent the democratic rule of law being undermined.
The roundtable session can be watched here (in Dutch).