Could an AI system ever replace a judge in transnational litigation proceedings? – The EOP paradigm

1. Introduction - Case study

Lately, the following question has become increasingly acute: Could an AI ever replace a judge in court? The answer is that ultimately, AI will not replace the legal system, but it will likely change it. AI will likely be used to automate tedious tasks, provide data-driven insights, and help attorneys make better decisions.

Let’s keep in mind two examples from the EU Civil Procedural Law:

1. European Small Claims Procedure (Reg. 861/2007), especially Estonia’s example using AI in small-claims proceedings, and
2. European Order for Payment [EOP] (Reg. 1896/2006),

both Regulations as amended by Reg. 2421/2015.

2. Expressed views

Advancements in Artificial Intelligence (AI) are transforming various aspects of the European Union's legal framework, including the European Order for Payment (EOP) system.

Here are some pros and cons associated with the integration of AI in the EU Procedural Law, especially regarding EOP:

2.1.   Advantages

1. Acceleration of Justice: AI-powered algorithms can streamline the processing of EOPs, reducing the time taken for resolution and ensuring swift delivery of justice to parties involved.
2. More EOPs Among Member States: The implementation of AI in EOPs facilitates smoother collaboration and exchange of information between member states, leading to an increase in the number of EOPs issued and recognized across the EU.
3. Building Confidence of European Citizens: By improving the efficiency and effectiveness of the EOP system, AI usage instills confidence among European citizens in the EU legal framework, enhancing trust and compliance with cross-border payment orders.
4. Recognition in Article 8 Reg. 1896/06: The potential for utilizing AI in EOPs is recognized in Article 8 of Reg. 1896/06, providing a legal basis for its exploration and integration into the existing legal system.

2.2.   Disadvantages

1. Complexity of "Special Information" in Application for the issuance of an EOP (Form A – Reg. 1896/06): AI systems may struggle to interpret and handle special issues contained in the "Special Information" field of Form A, such as coordination with other documents. These complexities pose challenges for AI to accurately process and relate information, potentially leading to errors or inefficiencies in the EOP process.
2. Limitations of AI and Robots: Despite advancements, neither ΑΙ nor robots can fully replace the judgment and decision-making abilities of natural judges, especially in apparently simple procedures where human intuition and understanding are crucial.

2.3.   My position

Although the speed of AI can help to enhance confidence in the natural judge, however, many issues to be identified by the judge, such as preliminary issues of the first trial that may affect the second trial for the same dispute, between the same parties, concerning the admissibility and the lawfulness of the claim, cannot be circumvented. Moreover, a computer system cannot discern in the eyes of the witness, the look and nods that it would detect in the audience. The party wants to be "heard" and not put through an automated Government Official's system to resolve his dispute.

3. Conclusion

In conclusion, while the integration of AI in the judicial proceedings offers significant benefits in terms of accelerating justice delivery, fostering collaboration among member-states of the EU, and building citizen trust, challenges remain regarding the interpretation of complex information and the limitations of AI in replicating human judgment. Striking a balance between technological innovation and human expertise is essential to harness the full potential of AI in enhancing the efficiency and effectiveness of the judicial system within the EU legal framework.

The content of this article is valid as at the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice. We recommend that you seek professional advice on your specific matter before acting on any information provided. For further information or advice, please contact Fanouria Papantonaki, Associate at our Athens Office, Tel +30 210 3387060 or email fanouria.papantonaki@kyprianou.com