Expert group meeting on the use of AI in legal decision-making
Jos Hoevenaars was interviewed for the Dutch magazine for the legal profession ‘Het Advocatenblad’ about his insight into the experiences of lawyers who find themselves litigating before the European Court of Justice after their case is referred though a reference for a preliminary ruling. In the interview (freely translated: ‘Court of Justice? Experience Needed!’) he discusses his empirical research among Dutch lawyers and paints a picture of generally overwhelmed professionals scrambling for assistance among EU law scholars, while making the best of their opportunity to plead before the ECJ, often in opposition to a group of well-trained EU law experts appearing on behalf of intervening Member States. His work on the reference procedure highlight the inequality in representation before the ECJ and its potential negative impact on the Court’s caselaw and its national consequences.
Published: May 25, 2018
On 24 May 2018 an expert roundtable took place at the Erasmus University Rotterdam entitled ‘The use of artificial intelligence in legal decision-making’. This Roundtable was organized by Dr. Erlis Themeli, Dr. Stefan Philipsen, and Prof. Evert Stamhuis with the support of the Erasmus Initiative Dynamics of Inclusive Prosperity. The experts attending the event came from the legal practice, government, academia, and ICT sector. The aim of the roundtable was to map the developments in and research on the use of AI in legal decision-making, and to outline a research agenda for the near future. Prof. Stefano Puntoni (Rotterdam School of Management) and Prof. Xandra Kramer were invited to provide some ‘food for thought’ for the participants and to contribute to the discussion.
AI is one the frontiers of the digitalization of justice. It has the potential to increase access to justice and to improve the position of vulnerable parties. However, AI remains complex and its use in the application of justice carries the risk of creating a ‘black-box’ without transparency or accountability. As was pointed out in the Roundtable, the use of AI in legal decision-making creates legal, economic, as well as ethical dilemmas. What would happen if the judge is a machine? Is there a right to a human judge? What is the added value of a human judge? Is it possible to fully comprehend the decisions of a machine? These questions form the outline of a future research agenda into the use of AI in legal decision-making.
Considering the success of the event, the organizers plan to develop a theoretical framework and to design an empirical research on the reception of automated decision-making by court users.