EUROPEAN COURTS AND PREDICTIVE JUSTICE: A FEASIBLE SYMBIOSIS?
Authors: Simone Benvenuti ; Sirio Zolea
First of all, this paper considers the notion of predictive justice, assessing the new possibilities it opens up and, at the same time, the potential dangers associated to the application of algorithmic computer tools to the legal field. These issues are to be considered distinguishing the use of predictive justice by the judges from its use by the parties, their lawyers and legal advisors. Particular attention is devoted to the effective mechanisms of functioning of predictive justice services ‘in action’, showing, through concrete examples, how one of the main European providers (‘Predictice’) works, analyzing and re-elaborating judicial big data. Then, the current norms, institutional statements and legislative propositions concerning predictive justice within the European common legal space are envisaged. Finally, the paper focuses on the ECtHR and on the CJEU, wondering how the introduction of Artificial Intelligence tools could affect the operations and the procedures of such judges, taking in account their peculiarities and, as for the CJEU, the variety of its competences. It is finally asserted that all practices weakening the role of the human will in the judicial decision are to be discouraged, as the full accountability of the decision-making process is fundamental to keep and consolidate the authority and the legitimacy of these supranational courts. Nevertheless, tools that merely help European judges to strengthen and make more exhaustive their knowledge of case law could be much more beneficial and in compliance with the systems of the sources of law.
Keywords: Predictive Justice - Artificial Intelligence - European Court Of Human Rights - Court Of Justice Of The European Union – Legaltech - Algorithmic Decision – Transparency - Black Box Problem - Algorithmic Bias