[{"source":"Scoop.it - Documentation juridique (Stéphan Cottin)","url":"https://verfassungsblog.de/the-currently-uneven-intelligence-of-ai-in-comparative-constitutional-law/","titre":"The (Currently) Uneven Intelligence of AI in Comparative Constitutional Law","id":3218421,"pubDate":"Thu, 15 Oct 2026 08:26:22 +0200","description":"This article belongs to the debate » Thinking Machines, Thinking Lawyers14 October 2026The (Currently) Uneven Intelligence of AI in Comparative Constitutional Law From Years of Research to a Single Prompt? Artificial intelligence (AI) has the potential to accelerate and improve the quality of research. This potential has inspired numerous projects exploring how AI could help scholarship on constitutional law. For example, there is research using AI to interpret constitutions,1) apply constitutional principles,2) and predict court rulings.3) Even the question of whether AI could improve the process of constitution-making has been studied.4) AI’s potential is particularly significant for comparative constitutional research. Systematically comparing legal systems requires locating sources from different jurisdictions, which are often difficult to access and only available in local languages. The creation of comparative legal datasets has thus involved considerable personnel, time, and financial resources. AI can overcome many of these obstacles. AI models can search for and translate foreign-language sources, filter them, and convert the filtered information into a dataset. In doing so, AI offers the prospect of datasets — which previously required years of research and the efforts of numerous experts and research assistants to compile — being just a prompt away. However, whether AI models can generate comparative law datasets that are qualitatively comparable to human-coded datasets has not yet been addressed (although Guha et al provide an example for a broader legal benchmarking exercise).5) We therefore conducted our own benchmarking study.6) We found evidence suggesting that recent AI models may be able to code simple factual data, but they are likely unreliable substitutes for expert human coders when conceptual or interpretive judgment is required. The Benchmarking Project: Seven Coding Tasks, Four Datasets, Two LLMs In our project, we tested the ability of two large language models (LLMs) to code different types of information relevant to comparative constitutional law. We specifically assessed whether LLMs can reproduce information from four existing comparative constitutional law datasets, all of which were compiled through human coding and which served as a ‘ground truth’ for our exercise. From these datasets, we asked the LLMs to code seven variables, which can be thought of as seven tasks relevant to the creation of comparative constitutional law datasets. Each of these tasks is either a test of fact-finding or reasoning abilities. First, from the Executive Term Limit Evasion Dataset,7) we drew information on whether presidents in 106 presidential systems have evaded constitutionally mandated term limits between 2000 and 2019. The dataset includes one variable on whether presidents attempt to overstay past the end of their term. The second variable captures what strategies executives use for doing so, such as amending the constitution, replacing it with a new one, or asking the court to interpret term limits out of the constitution. While determining whether a president overstayed is a fact-finding task, assessing the strategy used to do so requires reasoning. Second, from the Comparative Constitution Making Dataset,8) we drew information on the process by which constitutions were adopted in democracies between 1900 and 2015. This dataset also includes fact-finding variables such as (1) whether citizens were involved in the formulation, discussion, or submission of reform proposals, and (2) whether citizens participated in popular referendums at any stage in the process. The dataset’s most important variable (3) captures whether constitutions reflect ‘plural elite agreement,’ that is, whether all relevant elite factions in society were involved and represented during the process. The recreation of this variable requires reasoning. Third, from the Characteristics of National Constitutions Dataset9), we drew on its coding of 43 first-generation constitutional"},{"titre":"CEF 2024: EDPB identifies challenges to the full implementation of the right of access","pubDate":"Mon, 20 Jan 2025 15:49:16 +0100","id":1857297,"description":"Brussels, 20 January - The European Data Protection Board (EDPB) has adopted a report on the implementation of the right of access by controllers . The report summarises the outcome of a series of coordinated national actions carried out in 2024 under the Coordinated Enforcement Framework (CEF). It lists the issues that were observed for some controllers, along with a series of recommendations to help them implement the right of access. A central element is controllers’ awareness of the EDPB Guidelines 01/2022 on data subjects rights – Right of access and whether these guidelines were followed in practice. EDPB Deputy Chair Zdravko Vukíc said: “The CEF is a valuable initiative that helps strengthen the cooperation among Data Protection Authorities (DPAs): by tackling selected topics in a coordinated fashion, they achieve greater efficiency and more consistency. How controllers implement the right of access lies at the heart of data protection and it is one of the most frequently exercised data subject rights.” Throughout 2024, 30 DPAs across Europe launched coordinated investigations into the compliance of controllers with the right of access, by opening formal investigations, assessing whether a formal investigation was warranted and/or carrying out fact-finding exercises.  A total of 1,185 controllers, consisting of small and medium-sized enterprises (SMEs) and big companies active in different industries and fields, as well as various types of public entities, responded to the action. Areas of improvement and main challenges The results suggest that more awareness raising about Guidelines 01/2022 is necessary , both at national and EU level, as the guidelines help controllers implement the right of access, explain how exercising this right can be made easier, and list the exceptions and limitations of the right to access. As a result of the 2024 CEF action, seven challenges were identified. One of them is the lack of documented internal procedures to handle access requests. In addition, inconsistent and excessive interpretations of the limits to the right of access were also observed, such as overly relying on certain exceptions to automatically refuse access requests. Another example is the barriers that individuals could encounter when exercising their right of access, such as  formal requirements or being requested to provide excessive identification documents. For each challenge identified, the report provides a list of non-binding recommendations to be taken into account by controllers and DPAs. Positive findings Despite the existing challenges, two thirds of participating DPAs evaluated the level of compliance of responding controllers with respect to the right of access from ‘average’ to ‘high’. One important factor identified as having an impact on the level of compliance was the volume of access requests received by controllers, as well as the size of the organisation. More specifically, large-sized controllers or controllers receiving more requests were more likely to reach a higher level of compliance than small organisations with less resources. Positive findings were observed across Europe. These include the implementation of best practices by controllers, such as user-friendly online forms enabling individuals to submit an access request easily as well as self-service systems to allow individuals to autonomously download their personal data in a few clicks and at any time. Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy, aimed at streamlining enforcement and cooperation among DPAs.  In the past three years, two previous CEF actions were carried out. The results of these national actions are aggregated and analysed together to generate deeper insight into the topic and allowing for targeted follow-up on both national and EU level. In 2023, the EDPB published the report on its first coordinated action on the use of cloud-based services by the public sector . In 2024, the EDPB also published the","source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/cef-2024-edpb-identifies-challenges-full-implementation-right-access_en"}]