Some Remarks on the ‘AI Judge’ in the Context of Recent European Union Regulatory Action
Some Remarks on the ‘AI Judge’ in the Context of Recent European Union Regulatory Action

Summary/Abstract: The utilization of artificial intelligence (AI) as an aid during adjudication is no longer a future prospect but a reality. While current implementations of the technology are as of yet far removed from the future science fiction would have us fear, the prospect of the ‘AI judge’ must now be seriously considered. In our analysis, we investigate whether such a prospect would be compatible with fundamental rights and proposed EU norms set to govern the use of AI technology. We also examine the ethical requirements for utilizing AI, including in the judicial domain. We find that in lack of a possibility of granting a reasoned decision, in the course of a transparent procedure AI fails to meet the basic requirements that would allow its use under current and predictable future regulatory conditions during adjudication in the European Union. We further find that the shortcomings of the technology and the regulatory environment would hinder the accountability required for implementing the ‘AI judge’. We conclude that the specific needs of adjudication have not been duly considered during the preparation of EU instruments in the field of AI, and further regulation as well as research will be necessary.

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