By George Kazoleas, Lawyer LL.M.
The digitization of justice and the increasing use of forms
of e-justice by legal systems is not only a reality but also a necessity that
arose from the unprecedented conditions created and continues to create the
covid-19 pandemic. An admittedly more advanced area of digitalisation of
justice is artificial intelligence in judicial systems, which, as many experts
predict, is the sure future in the way justice is administered.
Ιn this matter, the Council of EU[1] notes
that the deployment of artificial intelligence systems in the justice sector is
already being researched and developed in the EU and that the practical
implementation of such systems is already imminent in some Member States. The
Council also notes that a sufficient level of digitalisation is also a
prerequisite for the use of artificial intelligence applications.
It is also emphasized, that artificial intelligence systems
in the justice sector may in the future be capable of performing increasingly
complex tasks – within the legal framework of a Member State – such as
analysing, structuring and preparing information on the subject matter of
cases, automatically transcribing records of oral hearings, offering machine
translation, supporting the analysis and evaluation of legal documents and court/tribunal
judgments, estimating the chances of success of a lawsuit, automatically
anonymising case law and providing information via legal chatbots.
The development of artificial intelligence systems,
particularly machine learning systems, depends on the comprehensive
availability of large data sets, such as anonymised court/tribunal files and
judgments, that are of high quality in relation to the purposes they shall be
used for.
It should be emphasized that the use of artificial
intelligence in the judiciary will not replace the human factor, ie judges,
lawyers and other actors in the judiciary.
According to the Council of EU [2],
the use of artificial intelligence tools has the potential to improve the
functioning of justice systems for the benefit of citizens and businesses by
assisting judges and judicial staff in their activities, accelerating
court/tribunal proceedings and helping enhance the comparability, consistency
and, ultimately, the quality of judicial decisions.
It is underlined that the use of artificial intelligence
tools must not interfere with the decision-making power of judges or judicial
independence. A court decision must always be made by a human being and cannot
be delegated to an artificial intelligence tool.
Ιn this context, it is emphasized that in certain cases,
outcomes of artificial intelligence systems based on machine learning cannot be
retraced, leading to a black-box-effect that prevents adequate and necessary
responsibility and makes it impossible to check how the result was reached and
whether it complies with relevant regulations. This lack of transparency could
undermine the possibility of effectively challenging decisions based on such
outcomes and may thereby infringe the right to a fair trial and an effective
remedy, and limits the areas in which these systems can be legally used.
The use of artificial intelligence in the field of justice
should be limited by strict rules and no doubt should be left as to its exact
scope. Its use should always safeguard fundamental human rights, such as human
dignity, the right to liberty, non-discrimination, protection of privacy and
data and the right to a fair trial.
Already in 2018, the European Commission for the Efficiency
of Justice (CEPEJ) of the Council of Europe has adopted the five (5)
fundamental principles[3] relating
to the use of artificial intelligence in judicial systems, which are the
following:
- Principle of respect for fundamental rights: ensure that the
design and implementation of artificial intelligence tools and services
are compatible with fundamental rights.
- Principle of non-discrimination: specifically prevent the
development or intensification of any discrimination between individuals or
groups of individuals.
- Principle of quality and security: with regard to the
processing of judicial decisions and data, use certified sources and intangible
data with models elaborated in a multi-disciplinary manner, in a secure
technological environment.
- Principle of transparency, impartiality and fairness: make
data processing methods accessible and understandable, authorise external
audits.
- Principle “under user control”: preclude a prescriptive
approach and ensure that users are informed actors and in control of the
choices made.
The use of artificial intelligence in the field of justice
is in my opinion the next or even one of the next inevitable steps in the new
era of judicial systems. I believe that as part of the digitalization of
justice, it is also a necessary condition for the survival of a hitherto
dysfunctional, bureaucratic, slow and inaccessible judicial system. The proper
use of artificial intelligence in the legal field is likely to be the greatest
revolution ever happened in the fundamental area of administration of
justice.
*George Kazoleas is Lawyer in Cyprus, Contact: giorgos.kazoleas@gmail.com / +357 95129382
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[1] Access
to justice – seizing the opportunities of digitalisation’ (2020/C 342 I/01)
Official Journal of the European Union 14.10.2020
[2] As
above
[3] European
ethical Charter on the use of Artificial Intelligence in judicial systems and
their environment (Adopted at the 31st plenary meeting of the CEPEJ ,
Strasbourg, 3-4 December 2018)
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