The CJEU has established that the principle of judicial independence is of the essence for national courts in the EU: judicial systems which do not comply with the requirement of judicial independence cannot ensure effective judicial protection of EU rights and ultimately violate the rule of law, one of the EU fundamental values. Yet, the advancement of AI technology in the courtroom raises questions from the angle of judicial independence under EU law. AI-driven judicial systems can range from algorithms used to support judicial decision-making and allocate cases among judges, to AI employed to facilitate virtual hearings and even substitute judges in the decision-making process. Algorithms and AI are increasingly shaping the judicial power in the EU constitutional landscape. How can these novel AI-embedded court systems comply with the EU principle of judicial independence?
This seminar will analyse selected issues stemming from the advancement of AI in the courtroom from the angle of the EU principle of judicial independence. These include, among others, the role of the Member States' executive and legislative branches of government in shaping judicial reforms involving the use AI, the implications of the proposed EU AI Regulation for courts in the Member States, the management and redress of potential breaches of judicial independence in AI-driven courts.
Bio
Dr Giulia Gentile is Fellow in Law at the LSE Law School and CIVICA Visiting Scholar at the European University Institute. She previously worked as Lecturer and Postdoctoral Researcher at Maastricht University and as Visiting Lecturer at King’s College London. She completed her doctoral studies at King’s College London and her PhD thesis on the conceptions of effectiveness in EU law was awarded the 2021 European Public Law Organisation PhD Thesis Prize. Giulia is a qualified lawyer at the Italian Bar Association (non-practising) and has gained legal experience in a Magic Circle law firm in Milan and at the Court of Justice of the EU. Her research interests lie in EU constitutional law and the protection of fundamental rights in the digital society.