The Use of Artificial Intelligence in the Judiciary and its Compliance with the Right to a Fair Trial

(2022) 31 Journal of Judicial Administration 154

15 Pages Posted: 13 Jul 2023

See all articles by Kalliopi Terzidou

Kalliopi Terzidou

Universite du Luxembourg - Faculty of Law, Economics and Finance

Date Written: March 29, 2022

Abstract

European courts are increasingly investing in Artificial Intelligence (AI) applications for the automation of the administration of justice, to improve the efficiency and quality of the judiciary. However, AI can display considerable issues, such as opaqueness and unfair bias, resulting from the defective designing of their algorithms. This article explores the opportunities and risks of AI technology for court users – including judicial staff, legal representatives and litigants – by investigating proposed and developed applications by European judiciaries under the right to a fair trial. AI is found to pose certain risks to the independence and impartiality of the judiciary, as well as to the adversarial and public character of court proceedings, notwithstanding the opportunities for the improvement of access to courts. The regulatory solutions for the safe use of AI adopted by European judiciaries can encourage similar practices in other judiciaries, including Australia and the United States.

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This article was first published by Thomson Reuters in the Journal of Judicial Administration and should be cited as Kalliopi Terzidou, The Use of Artificial Intelligence in the Judiciary and its Compliance with the Right to a Fair Trial, (2022) 31 JJA 154.

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Suggested Citation

Terzidou, Kalliopi, The Use of Artificial Intelligence in the Judiciary and its Compliance with the Right to a Fair Trial (March 29, 2022). (2022) 31 Journal of Judicial Administration 154, Available at SSRN: https://ssrn.com/abstract=4495715

Kalliopi Terzidou (Contact Author)

Universite du Luxembourg - Faculty of Law, Economics and Finance ( email )

162a avenue de la Faïencerie
Luxembourg-Limpertsberg, L-1511
Luxembourg

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