Artificial Intelligence and Justice: Automated Decision-Making as a New Risk to Fair Trial Rights
This report by Observatoire ARGA and ARGA Atlas examines how artificial intelligence and automated systems are increasingly used in judicial, law enforcement, administrative and financial contexts — from risk assessment and case sorting to evidence analysis, financial monitoring, migration procedures and compliance reviews.
The report focuses on a central question: how to preserve fair trial guarantees when algorithmic outputs begin to influence decisions affecting liberty, property, business reputation, banking access, migration status and the ability to defend one’s rights. The authors stress that an automated recommendation must not be treated as a neutral or unquestionable fact. It depends on data quality, model design, assessment criteria and the degree of meaningful human oversight.
The publication identifies major risks, including algorithmic opacity, inaccurate or biased data, excessive reliance on automated outputs, persistence of negative digital profiles and limited ability to challenge automated conclusions. Particular attention is given to minimum procedural safeguards: disclosure of AI use, verification of data sources, explainability of the model’s logic, the right to contest findings, independent expert review and correction of errors.
The report’s central conclusion is that artificial intelligence may be a useful tool for legal systems, but it must not replace independent judicial reasoning, human responsibility or the right of individuals to understand, verify and challenge the grounds of decisions affecting their rights.
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