THE IMPACT OF ARTIFICIAL INTELLIGENCE IN JUDICIAL DECISION-MAKING ON THE PRINCIPLE OF IMPARTIALITY
THE IMPACT OF ARTIFICIAL INTELLIGENCE IN JUDICIAL DECISION-MAKING ON THE PRINCIPLE OF IMPARTIALITY

Summary/Abstract: This academic contribution explores the implications of integrating artificial intelligence into judicial decision-making, with particular focus on its compatibility with the principle of impartiality – a fundamental guarantee under both constitutional doctrine, including Article 6 of the European Convention on Human Rights, Article 47 of the Charter of Fundamental Rights of the European Union and Article 13 of the European Convention on Human Rights. Although frequently regarded as neutral, algorithmic systems may inadvertently reproduce human bias, especially when trained on historical data shaped by systemic inequities. The analysis begins with a theoretical and jurisprudential examination of the dual dimensions of impartiality – subjective and objective – as defined by the European Court of Human Rights in key cases such as Piersack v. Belgium, Micallef v. Malta, Morice v. France and Hirvisaari v. Finland. Comparative references to the United States, Estonia, China and the United Kingdom offer practical insight into both the opportunities and risks posed by AI-driven justice systems. The paper also draws on the European Union’s Artificial Intelligence Act and the 2023 Mount Scopus–ELI Report on Judicial Independence, which call for safeguards such as human oversight, explainability, and non-delegation of judicial authority. Considering these sources, the study outlines concrete pathways for responsible integration of AI in courts, including legal regulation tailored to the nature of judicial tasks, transparent algorithmic design, interdisciplinary auditing of automated tools, professional training for judges and legal staff, and adherence to fundamental ethical principles such as equality, dignity, and access to justice. Ultimately, the thesis argues that technological innovation must operate within a framework that reinforces – rather than undermines – judicial impartiality and the rule of law.

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