Abstract (eng)
This thesis deals with the risk factors that are inherent to automated administrative penal procedures.
Judgments of supreme courts, as well as the independent administrative tribunals and
national administrative courts are examined. These risk factors belong to the areas "assessment"
and "process". On the one hand the term is understood as the investigation and legal
assessment of electronic data, on the other hand the term is understood as the organizational
and legal framework of action of public authorities.
After reflections on procedural justice, risk transfer to the subjects of the provision and aspects
of procedural guarantees based on fundamental rights, mathematical models are developed,
which make it possible to identify risk factors and to maintain a risk management process,
which keeps the damage of the subject of the provision as small as possible. A practical implementation
is achieved through the reference to an "optimal penalty", which is designed in line
with a legal and economic perspective.
A problem of legal policy is, that a conclusion of the administrative proceedings is not envisaged
explicitly by diversion. Some suggestions are developped for preventing problems caused
by automation by diversion. New legal ground in administrative proceedings is entered in dealing
with "permanent data recording" and "autonomous road use". Relevant problem areas are
addressed, which have to be further envisaged by legislative authorities.
Each of those legal matters, which are referred to in this thesis, shall be dealt with by the
state by methods, which are guaranteed, especially procedures that comply with the ECHR or
the European Charter of Fundamental Rights. A chapter of this thesis examines what has to be
considered in the context of an automated administration proceeding.
The obligations with regard to the relief and the risk management are visualised. We include
the essential state bodies and institutions in this description, who are are responsible for a highquality
public administration. An excursus on legal issues related to statistics and data protection
finishes the text of this thesis.
A conclusion of this thesis is given by a summary and an outlook on further research, which
may be never finished due to the rapid development of information technology.