Justitia - digitales Recht
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New impulse paper on the digital implementation of laws published

News from Sep. 25, 2019

The latest publication “Recht Digital – Maschinenverständlich und automatisierbar” (“Law Digital – Automatable and readable by machines ”) by the “Competence Center Public IT” (ÖFIT) at Fraunhofer FOKUS deals with the question of how laws must be designed and how the legislative process can be adapted to facilitate (partial) automation of the application of law.

Clear definitions of terms, standardization of legal terms, visualization of decision rules and implementation processes - these are some of the prerequisites that should be taken into account when legislation is created in order to make the digital application of the law possible. The initial problem is that the law to be enforced by the administration is often enough not suited for digitalization - it therefore contains hurdles for fully digitalized administrative processes or automated audits.

The result of this impulse paper is a focused, practice-oriented overview of the design possibilities and requirements in five fields of action that are mutually dependent. The measures described relate to the early phase of legislation (before the parliamentary process), in which political guidelines are translated into drafts of legal texts. The impulse paper identifies the machine comprehensibility of law as a central lever to be applied in the drafting phase of laws and regulations. The focus here is on the so-called bound decisions of the administration.