Recently, technological development made a significant impact on the administration of justice. Lawyers, both legal practitioners and academics, can no longer afford to ignore the potential that the technology offers. The development of new fields in legal informatics, such as the applicability of Artificial Intelligence (AI) in law, opened up new opportunities which have hitherto been unthinkable. In the not too distant future, lawyers will need to answer the question whether AI can be engaged in the process of judicial decision making. On the other hand, the creation of a well-functioning artificial intelligence system which can carry out numerous adjudicating activities and reasoning processes is not the only requirement for using artificial intelligence in the automation process of judicial activities. Detailed analysis of its legal compliance is needed as well. This paper analyses the admissibility of using artificial intelligence tools in the judiciary and contains considerations on ethical aspects of AI application in judicial proceedings (whether an AI system is capable of taking over the role of a decision maker in judicial proceedings, thereby replacing, or supporting the judge). The research presented in the paper may provide an impulse to start a large-scale scientific discussion on the possibility and admissibility of AI application in the judicial system and may also be the basis for formulating proposals addressed to lawmakers and policymakers.
Challenges associated with the use of artificial intelligence (AI) in law are one of the most hotly debated issues today. This paper draws attention to the question of how to safeguard the right to a fair trial in the light of rapidly changing technologies significantly affecting the judiciary and enabling automation of the civil procedure. The paper does not intend to comprehensively address all aspects related to the right to a fair trial in the context of the automation of civil proceedings but rather seeks to analyse some legal concerns from the perspective of the Article 6 of the European Convention on Human Rights and the case-law of the European Court of Human Rights. Section 1 discusses the issues of using artificial intelligence in the justice and automation of the judicial proceedings. Section 2 is devoted to the judge supporting system based on artificial intelligence and psychological requirements of its practical use. Section 3 presents the right to a fair trial in civil cases established by the Article 6 of the European Convention on Human Rights, while subsequent sections characterize its elements with respect to the possibility to automate civil proceedings: a right to have case heard within a reasonable time in section 4 and a right to a reasoned judgment in section 5.
The subject of the article is to analyse and compare the specificity of judgments and authentic instruments in terms of cross-border recognition and enforcement under the Brussels I Recast Regulation framework. Particular focus has been put on the practical aspects of the definition of an authentic instrument. Selected detailed issues arising against this background have been discussed with reference to the Polish legal order as well as the case-law of the Court of Justice of the European Union (CJEU). Based on the undertaken considerations, some proposals have been formulated regarding the enhancement of the free circulation of authentic instruments within the European Union.
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