Automatic Decision making and JUSTice: artificial intelligence, court actors and the right to a fair trial

ADJUST investigaADJUST investigates the integration of Artificial Intelligence (AI) and Automated Decision-Making (ADM) in judicial systems, focusing on their impact on fair trials.

There are almost 100 such systems in use in Europe alone, conducting tasks from menial transcriptions to complex matters such as suggesting relevant precedent or estimating the risk of recidivism.

While AI promises to enhance the efficiency and coherence of adjudication, its use also raises concerns about bias, transparency, and the potential erosion of judicial discretion.

Much existing research overlooks either the specific training and design of each system, or the role of court actors beyond judges, such as clerks and registrars, who interact directly with the systems and whose tasks are prone to automation. Overlooking these two dimensions risks oversimplifying the analysis of AI’s benefits and drawbacks.

ADJUST fills this gap by pursuing three objectives: 1) Mapping existing ADM applied in courts, 2) Investigating why court actors do or do not trust and implement ADM, and 3) Understanding how ADM technology impacts the right to a fair trial.The project employs an interdisciplinary approach, bridging human rights law and computer science.

It does so by 1) mapping existing ADM applied in courts worldwide, and 2) conducting an in-depth comparative study of three legal systems: the European Court of Human Rights, and two Danish and two Italian courts.

These case-studies are selected for their heterogeneity in legal systems and adjudicative procedure, use of precedent, and division of labour between court staff.My publication record on AI, courts and judicial discretion, my current involvement in a technical Horizon project developing human right compliant AI, as well as the leading role of my supervisor and the iCourts Center at University of Copenhagen in empirical legal studies enable me to undertake this first systematic study on the impact of ADM on the right to a fair trial.