Person: Kouroutakis, Antonios
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Antonios
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Kouroutakis
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IE University
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IE Law School
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Public Law and Global Governance
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Publication Inaction as a State Response to the Coronavirus Outbreak: Unconstitutionality by Omission(Seattle University School of Law, 2022-07-19) Kouroutakis, Antonios; https://ror.org/02jjdwm75The World Health Organization on March 11 declared the novel coronavirus outbreak a pandemic. While the pandemic was spreading across the globe, governments were under pressure to respond. Still, some countries during the first wave of the pandemic, in their first reaction, did not put in place any emergency regulations. Such reaction, which was a policy option, was an intended omission as lawmakers and policy makers decided not to take action and such emergency omission was a novelty and a paradox in emergency situations. Moreover, I argue that during emergencies governments have a distinct duty to act, and I offer justifications. In this article, I seek to answer that question and to inspire reflection on what constitutional mechanisms we have to compel the executive to take action in an emergency. I will argue that the legal mechanism to provide remedies because of emergency inaction are subject to some inherent limitations, while such issues are left to be resolved via the political process with ordinary politics. I will argue that there are three approaches to compel action and avoid emergency omission. I base the first approach on constitutional design. While in most of the countries the emergency power is concentrated in the hands of the executive, what I call the monopoly of emergency powers, in countries with multilevel governments such as in federal and devolved states, the two-tier executive, at national and local level, allows constitution designers to allocate to both executives emergency powers. The second approach puts courts at the heart of the solution with judicial review. However, courts are less likely to find state authorities liable for non-feasance. On the top of that, the deference that judges show in times of emergency would deter the chances for judges to compel emergency action. Finally, this article will conclude with a third approach. This approach stresses that the evaluation of the emergency omission is left to be resolved via the political process with ordinary politics.Publication Legitimate and Illegitimate Political Self-entrenchment and Its Impact on Political Equality(De Gruyter, 2021-03-12) Kouroutakis, Antonios; https://ror.org/02jjdwm75Self-serving politicians and self-entrenchment of the political establishment is a diachronic problem tantalizing liberal democracies. Incumbent political actors around the world constantly purport to entrench not only their presence in the political arena, but also their power and as a result, barriers to entry to new political actors are set, the chain of the democratic choice is disrupted and equality of opportunity is distorted. This article focuses on the available means in the constitutional system in order to safeguard a level playing field in the political arena. To this end, this article has three scientific objectives. First, it elaborates on the significance of equality of opportunities in the political system. Second, it identifies how political self-entrenchment creates an uneven playing field. Third, it focuses on the remedies that exist in the constitutional system and examines both legal and quasi legal mechanisms. With an analysis on the current means that are available in the constitutional system, the judicial review, and the alternative political processes based on independent bodies and quasi-judicial mechanisms, this article concludes that self-entrenchment and self-serving politicians are mainly left to be resolved by political means, the so called self-corrective promise of politics.Publication Separation of Powers and Executive Clemency in the Civil Law World: A Comparative Study(Taylor & Francis, 2020) Arias, Sonsoles; Kouroutakis, Antonios; Pascoe, Daniel; Novak, Andrew; https://ror.org/02jjdwm75This chapter examines comparatively the executive clemency laws of several unitary and federal civil law systems, namely Argentina, Brazil, France, Germany, Greece, Lithuania, and Spain. It aims to compare and contrast different constitutional and legislative executive clemency mechanisms in correlation with specific separation of powers models. Executive clemency, sometimes known as the power to pardon or the prerogative of mercy, occupies an ever-present place in modern constitutional documents around the world. The power to pardon falls within the constitutional competence of the president. The Constitution of the French Fifth Republic was adopted in 1958, establishing a semi-presidential system of separation of powers. The power of the president to pardon such a crime and such a prisoner within a democracy where the rule of law prevailed was questioned at length by the media. The modern power to grant clemency falls within executive competence.Publication The Henry VIII powers in the Brexit process: justification subject to political and legal safeguards(Taylor & Francis, 2020-09-03) Kouroutakis, Antonios; https://ror.org/02jjdwm75Henry VIII powers, which are commonly found in legislation, until recently, were not an issue of major constitutional concern. However, their extensive use in the EUWA and the subsequent EUWAA attracted the attention of academics and politicians alike. This article aims to offer justifications for the use of Henry VIII powers in extraordinary situations such as Brexit, given that such powers would be subject to enhanced legal safeguards. In doing so, this article examines the challenge that the Brexit process poses to the law making institutions, and it elaborates on how the proper use of Henry VIII powers has the capacity to meet the Brexit ends. It also focuses on the particular Henry VIII powers in the EUWA and the EUWAA and it examines both the legal and the political safeguards. It evaluates both the legal and the political safeguards and it highlights their positive and negative aspects. Finally, this article concludes with a set of legal safeguards, procedural and material, that are necessary for the proper use of such powers in future legislation. In particular, it argues that the proper use of Henry VIII powers should include at least two safeguards; first a pre-legislative stage attracting public engagement and second a substantive limit according to which the executive should not be allowed to use Henry VIII powers to amend acts of constitutional value and most importantly the enabling act. Accordingly, it proposes that there is need for a constitutional statute to set uniform safeguards and standards for every use of Henry VIII powers.Publication The Revolutionary Constitutions of the first Hellenic Republic: The Struggle between Tradition and Modernity(Wolters kluwer, 2024) Kouroutakis, Antonios; https://ror.org/02jjdwm75In 2022, Greece celebrated the bicentennial of the first revolutionary Constitution. Throughout the Greek revolution, three constitutional texts were put into effect, culminating in the establishment of the First Hellenic Republic. This article delves into the legal aspects of revolutionary constitutions, examining the ongoing struggle between tradition and modernity. The central argument posits that the revolutionary constitutions found themselves entangled in a tug-of-war between the traditional and modern conceptions of early constitutionalism, between Monarchies and Republics. An intriguing insight emerges when we investigate primary sources. The position of the Great Powers is conspicuously reflected in Annex F of the Protocol of the Conference held on the island of Poros in September 1828. The minutes of the discussions among the representatives of the Great Powers explicitly reveal a skepticism towards the modern model of Republics. Simultaneously, there’s an expressed belief that only the traditional model of government, rooted in monarchy, could thrive, given the Greeks’ demonstrated weakness in managing political conflicts during the First Greek Republic.Publication Global Trade in 2030(Bloomsbury, 2022-07-25) Kouroutakis, Antonios; https://ror.org/02jjdwm75Trade of goods and services is a vital activity going hand in hand with the development of humankind. In fact, trade has followed the pace of human development; from the initial activity of the exchange of goods, nowadays we have moved to a global trade model. When the structure of the international economy was built after World War II, with the World Bank (WB) and International Monetary Fund (IMF), global trade was not officially institutionalised in the Bretton Woods agreement. While the initiative to establish the International Trade Organization (ITO) failed, the vacuum was filled by the General Agreements on Tariffs and Trade (GATT). Eventually, in April 1994 an agreement was reached and the World Trade Organization (WTO) was established.Publication EU Action Plan Against Disinformation: Public Authorities, Platforms and the People(SSRN, 2020-10-30) Kouroutakis, Antonios; https://ror.org/02jjdwm75In democracies, people (demos in Greek) hold the power (kratos in Greek). When people elect their representatives from a number of candidates, such power is temporarily transferred to their elected representatives. Thus, the quintessence of democracy is a system of trust and accountability. Such power is returned to the people every time elections are held and people periodically evaluate their representatives and hold them accountable for their actions and omissions. If people are not satisfied with their representatives, they can always replace them with their competitors. For democracy to function in a proper manner, it is important that people are able to actively participate and vote based on trustworthy, accurate and complete information. But this system of trust is distorted by disinformation which became a fast-paced and widespread phenomenon. A foriori, during electoral periods, disinformation might have a decisive impact on the electoral result. A number of incidents of orchestrated disinformation around the world, alarmed the policy makers in the EU ahead of the European Parliament elections in May 2019 and the EU Action Plan Against Disinformation was adopted. This Action Plan is the most concrete and specific initiative on the matter. It is a modest regulatory intervention, based on soft law and self-regulation. As it is subject to a 12 month sunset clause, this marked its experimental nature and the EU Commission’s effort to monitor closely its application. The success of the action plan was based on the cooperation of the public authorities, of the platforms and the people. In substance, it was focused on four core areas: first on the improved detection of disinformation, second on the coordinated responses of disinformation, third on the cooperation with online platforms and the industry, and finally on the raising awareness and building resilience amongst citizens.Publication Rule of Law and Artificial Inteligence(2024) Kouroutakis, Antonios; Agencia Estatal de Investigación; https://ror.org/02jjdwm75Το κράτος δικαίου είναι μια δυναμική και εξελισσόμενή συ- νταγματική αρχή που προσαρμόζεται στις μεταβαλλόμενες ανάγκες και αξίες της κοινωνίας. Με τον ερχομό της επανά- στασης της πληροφορικής και της ευρείας χρήσης των εφαρ- μογών της Τεχνητής Νοημοσύνης, προκύπτει μια θεμελι- ώδης ερώτηση: πώς θα επηρεάσουν αυτές οι εξελίξεις το κράτος δικαίου; Πρώτον, το πρόβλημα του ‘μαύρου κουτιού’ και η γενική έλλειψη κατανόησης σχετικά με το πώς λαμβά- νονται αποφάσεις από τα αυτοματοποιημένα συστήματα δη- μιουργούν πολλαπλές προκλήσεις για το κράτος δικαίου. Αυτό μπορεί δυνητικά να οδηγήσει σε αποφάσεις που επη- ρεάζονται από συστημικές προκαταλήψεις χωρίς ένα διαφα- νές πλαίσιο λήψης αποφάσεων και χωρίς λογοδοσία. Η αντι- μετώπιση αυτών των προκλήσεων απαιτεί τη διατήρηση του κράτους δικαίου μέσω της ανθρώπινης συμμετοχής στις αυ- τοματοποιημένες διαδικασίες λήψης αποφάσεων και ενδε- χομένως την επιβολή υποχρέωσης για αιτιολογία. Ωστόσο, ο βαθμός της ανθρώπινης συμμετοχής και η ανάγκη για αι- τιολογία θα ποικίλλουν ανάλογα με τη φύση και τη λειτουρ- γία των εφαρμογών της τεχνητής νοημοσύνης. Δεύτερον, τα πρωτοφανή οφέλη που προκύπτουν από τη χρήση των εφαρ- μογών της τεχνητής νοημοσύνης φέρουν τον κίνδυνο επιδεί- νωσης του ψηφιακού χάσματος, επηρεάζοντας σημαντικά την αρχή της ισότητας. Συνεπώς, θα υποστηριχθεί ότι το κράτος δικαίου απαιτεί από τόσο τις κυβερνήσεις όσο και τις ιδιωτικά οντότητες που χρησιμοποιούν εφαρμογές τεχνητής νοημο- σύνης να λάβουν τα απαραίτητα μέτρα για την πρόληψη και τον περιορισμό του ψηφιακού χάσματος.Publication Rule of law in the AI era: Addressing Accountability, and the Digital Divide(Springer Nature, 2024) Kouroutakis, Antonios; Agencia Estatal de Investigación; https://ror.org/02jjdwm75The rule of law is a dynamic and evolving concept that adapts to the changing needs and values of society. In light of the information technology revolution and the widespread use of AI applications, a fundamental question arises: how will these advancements influence the concept and application of the rule of law? The answer is twofold. Firstly, the 'black box' problem and the general lack of understanding regarding how automated decisions are reached present multiple challenges to the rule of law. This can potentially lead to decisions influenced by systemic biases without a transparent and accountable decision-making framework. Addressing these challenges requires upholding the rule of law through human involvement in automated decision-making processes and possibly enforcing an obligation for reason and explainability. However, the extent of human involvement and the need for explainability would vary based on the nature and function of the AI applications. Secondly, the unprecedented benefits derived from the use of AI applications carry the risk of exacerbating the digital divide, significantly impacting equality. Consequently, it will be argued that the rule of law necessitates both governments and private entities utilizing AI applications to implement measures aimed at preventing and narrowing the digital divides.Publication Public Data, AI Applications and the Transformation of the State: Contemporary Challenges to Democracy(Springer Nature, 2024-12-12) Kouroutakis, Antonios; https://ror.org/02jjdwm75The use of AI applications and their abilities might have an unparallel transformative force on the state and the administration’s relationship with its citizens. Their application has the potential to usher in a new paradigm where alternative ways to perform administrative tasks may emerge. The deployment of such technology in the private and the public sector signals that the time has come for their regulation. The current EU legal framework and proposed legislation for regulating AI is limited in critical ways, as demonstrated by the analysis of the AI Act and positive law in Sect. 3.2. This chapter argues that AI applications employed by the public sector should be subject to a separate risk category for two reasons: first because specific safeguards are necessary in relation to the AI applications in the public sector in order to enhance the legitimacy and accountability of such applications, and second because AI applications in the public sector with access to the lake of data of the state create an unprecedented public resource, which must be safeguarded from malicious incumbents who would be keen to take advantage of such resource for self-entrenchment purposes.