AI and the Justice System: Approach From the EU AI Act

Abstract

The use of artificial intelligence (AI) in the judicial system brings up big challenges, especially since basic legal rights are involved. In this paper, I first look at the rules in the European Artificial Intelligence Act, then discuss two main issues: First, does using AI change the way we think about legal mistakes, moving from just focusing on errors in the court system to a broader view of how the public service is working? And second, what kind of responsibility should the State have if someone gets hurt by AI used in the justice system? Finally, I explain the difference between high-risk and not high-risk AI-system in relation to fault-based and strict-based liability.