E-Government & E-Justice

Ethical Artificial Intelligence in Judiciary

Maria Dymitruk

Citation: Maria Dymitruk, Ethical Artificial Intelligence in Judiciary, in: Jusletter IT 21. February 2019

This paper analyses the admissibility of using artificial intelligence (AI) tools in judiciary, and contains considerations on ethical aspects of AI-application in judicial proceedings (whether an AI system is capable of taking over the role of a decision-maker in judicial proceedings, thereby replacing or supporting the judge). The paper presents five principles of using the AI in judicial proceedings (adopted by the European Commission for the Efficiency of Justice), with the view of its legal compliance, non-discrimination, transparency and efficiency of legal proceedings.

Table of contents

1. Introduction
2. Two sides of automation
3. Development of AI in judiciary – legal challenges
- 3.1. Initiative of CEPEJ
  - 3.1.1. Principle of respect for fundamental rights
  - 3.1.2. Principle of non-discrimination
  - 3.1.3. Principle of quality and security
  - 3.1.4. Principle of transparency, impartiality and fairness
  - 3.1.5. Principle «under user control»
4. Conclusion
5. References