PREDICTIVE JUSTICE AND “ROBOT JUDGES”: COMPARING THE CANADIAN CIVIL RESOLUTION TRIBUNAL AND CHINESE “SMART COURTS” AGAINST EUROPEAN HUMAN CONTROL STANDARDS
PREDICTIVE JUSTICE AND “ROBOT JUDGES”: COMPARING THE CANADIAN CIVIL RESOLUTION TRIBUNAL AND CHINESE “SMART COURTS” AGAINST EUROPEAN HUMAN CONTROL STANDARDS

Summary/Abstract: The subject matter of this paper is the phenomenon of predictive justice and “robot judges”, analyzed through the prism of procedural requirements for human control over Artificial Intelligence (AI) within the adjudicative decision-making process. The central part of the paper focuses on a comparative case study of two implementation models: the Canadian Civil Resolution Tribunal (CRT), the only online dispute resolution (ODR) system in the world fully integrated into the justice system, and the Chinese model of systemic AI integration, embodied in “smart courts”. By evaluating these models against the European standards, as codified in the AI Act, the GDPR, the CEPEJ Ethical Charter, and the CEPEJ Guidelines on the use of generative AI for courts (2025), this paper aims to determine the applicability of these global leading practices, or their modified versions, within the European legal space. The goal is to identify if they can serve as sustainable archetypes for European judicial systems while ensuring that technology remains a tool in the service of justice, mitigating risks to human rights.

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