A critical analysis of the implications of Artificial Intelligence deployment in the judicial system in light of the right to a fair trial
A critical analysis of the implications of Artificial Intelligence deployment in the judicial system in light of the right to a fair trial

Summary/Abstract: The development of artificial intelligence and its integration into the activity of the courts represent one of the most significant transformations and challenges confronting the contemporary judicial system. The implications of employing artificial intelligence within the judiciary are far-reaching and necessitate careful attention to the protection of fundamental human rights. The right to a fair trial, explicitly enshrined in fundamental legal instruments such as Article 6 of the European Convention on Human Rights, constitutes one of the cornerstones of the rule of law. It encompasses the effective access to justice, the adversarial principle, equality of arms, the impartiality and independence of the court, as well as the adequate reasoning of judicial decisions. Like a double-edged sword, the introduction of artificial intelligence into judicial proceedings has the potential to influence each of these dimensions, either by reinforcing them or by generating systemic risks. This study aims to conduct a critical analysis of the implications of implementing artificial intelligence within the judicial system, assessing its impact on the requirements of the right to a fair trial. The analysis will examine, on the one hand, the potential benefits associated with the use of algorithmic technologies—such as increasing judicial efficiency and enhancing the predictability of decisions—and, on the other hand, the legal and ethical challenges posed by algorithmic opacity, the risk of automated discrimination and the dilution of decision-making responsibility.

• Details
• Contents