Selected Aspects Regarding the Use of Artificial Inteligence in Court Proceedings

This chapter examines the possibilities of using artificial intelligence systems in judicial proceedings. The use of artificial intelligence systems brings with it advantages, especially in terms of the principle of the efficiency of proceedings. On the other hand, the use of such systems is accompanied by disadvantages and shortcomings, which are mainly reflected as obstacles to the guarantees stemming from the principle of equal protection of rights and the right to judicial protection. The authors address these disadvantages and shortcomings, not limiting themselves to existing artificial intelligence systems in judicial proceedings, but attempting to draw general conclusions based on the limitations inherent in the very design of large language model technology. The legal analysis of the problem takes into account the national and international (EU law and ECHR) legal framework of the relevant principles. The chapter includes a discussion on the existence of a right to a human judge, which excludes, at a principle level, the use of AI systems in the capacity of a decision-maker.