ARTIFICIAL INTELLIGENCE AND ADMINISTRATIVE JUSTICE: A LEGAL APPROACH FROM THE PERSPECTIVE OF JUDICIAL REVIEW

The use of artificial intelligence in the public sector is growing increasingly and thus it becomes necessary from a rule of law approach to set an adequate system of legal guarantees both before and after a legal conflict arises. Further, according to those rule of law standards and the orthodox paradigm, control and guarantees pertain ultimately to the judicial bodies. This paper focuses on this aspect from a twofold perspective. On the one hand, judicial bodies are, as already stated, the last resort to control the use of artificial intelligence by the public sector. It needs to be assessed, whether administrative justice, as it stands today, is an adequate tool to respond to that need. This question has already been asked by some and it requires further development. This is so because the existing system of selecting judges and the internal organisation of judicial bodies probably require a revision in order to provide the necessary competences to fulfil their functions. In this sense, the support of technicians or their integration in the judicial bodies themselves are aspects to be taken into consideration. On the other hand, another topic needs to be considered, namely the use of artificial intelligence by judicial bodies in the exercise of their functions or by other actors taking part in the process. Among the questions to deal with, a relevant one is the establishment of prediction systems concerning judicial decisions (to be mentioned here also the recent and polemical prohibition in France regarding publicity of those data) or use of algorithms in judicial practice.