Judging Judicial AI: Towards stronger safeguards for the rule of law in an artificially intelligent age

AI systems are increasingly deployed in the judicial system to facilitate a range of judicial activities (‘judicial AI’). While they can enhance efficiency, these systems also raise concerns, not only as regards their impact on individuals, but also as regards their impact on societal interests such as the rule of law. When not accompanied by adequate oversight and accountability mechanisms – especially if developed by private actors or by the executive power – judicial AI can hamper core rule of law-principles such as judicial independence and the separation of powers. These concerns arise in a context that is already marked by an EU ‘rule of law crisis', with some Member States showcasing increased authoritarian tendencies and a capture of the judiciary. Strikingly, neither legal scholars nor EU policymakers are currently linking the ongoing rule of law crisis and the risks raised by judicial AI, leading to significant gaps in the conceptual and substantive analysis of the concerns at stake, as well as in the evaluation of the current legal framework. This project hence aims to connect these two problems and analyze shortcomings in existing European legislation to counter them.

Keywords:judicial AI, artificial intelligence, rule of law, European Law, regulation

Disciplines:European law, Legal theory, jurisprudence and legal interpretation, Information law, Ethics of technology, Legal institutions