Intelligenza artificiale e amministrazione della Giustizia

This research investigates, also in light of the proclaimed need to improve the efficiency of civil justice and reduce the time of judicial processes, the margins of use of artificial intelligence systems within the judicial system, with regard both to the exercise of jurisdiction in the strict sense (i.e., the decision-making process) and to the administration of justice as a whole (i.e., the accessory judicial activities). Regarding the decisional activity of the judicial authority, the application of artificial intelligence systems is examined considering the principles of ‘due process’, with respect to which the main limits of compatibility with the structure and constitutional function of the judicial ascertainment of rights emerge. With reference to ancillary judicial activities, on the other hand, the mathematical-statistical approach, at the basis of artificial intelligence systems, assumes importance as a potentially functional tool for the organisation of judicial offices and the rationalisation of the judge's work. The analysis as to the potential uses of such systems, brought back into the context of the broader process of digitalisation of justice, is extended, therefore, to the organisational dimension of the judicial system, a fundamental moment in the implementation of the principle of reasonable duration of the trial and the effectiveness of judicial protection. Within this perimeter of investigation, the axis is shifted, also in the perspective of the broader system of guarantees of the ECHR and the principles of the European Union, from the needs of efficiency and digitalisation of the system to the effectiveness of judicial protection, ensured by the observance of the guarantees of due process, as a ‘functional method for the “just” resolution of disputes’ and, therefore, for the effective protection of rights.