The use of artificial intelligence in the judicial field: the Spanish and European legal context. Special reference to contentious-administrative Courts

Abstract

In this research we want to investigate the possibilities that artificial intelligence systems have of being used in the judicial field in Spain, although we could well extrapolate our conclusions to any other European Rule of Law. We know that in the United States and in the English-speaking world in general the use of these systems is practically liberalized, but the draft Regulation on AI of the European Union and the draft Framework Convention on AI of the Council of Europe impose limits on proportionality and respect for fundamental rights which are certainly necessary in order not to undermine procedural guarantees. The most appropriate jurisdictional orders for the use of AI are criminal and civil, since contentious-administrative, with its discretionary powers, its indeterminate legal concepts and the existence of general interests make it inappropriate. However, we have proposed some possible uses in this process.