Judicial transformation in the age of artificial intelligence: A functional classification approach to judicial independence, transparency and professional responsibility

Abstract

The rapid integration of Artificial Intelligence (AI) into judicial systems and legal practice is reshaping the administration of justice, the legal profession, and the protection of fundamental rights. This paper examines the transformative impact of AI on judicial processes, focusing on the evolving relationship between technological innovation, judicial independence, transparency and professional responsibility. The research aims to develop a functional classification of AI systems used in justice and to assess their legal and institutional implications within contemporary regulatory frameworks. Following a doctrinal and comparative legal methodology, the paper provides a thorough analysis of European legislation, particularly the EU Artificial Intelligence Act, in combination with international case law, regulatory developments and professional guidelines governing the use of AI in legal practice. Special emphasis is given to judicial and disciplinary decisions involving AI-generated errors, on the basis of cases such as Mata v. Avianca and Ayinde v Haringey LBC, and to emerging European developments concerning algorithmic case allocation and judicial administration. The ultimate aim is to demonstrate that the legal risks associated with AI vary according to the function performed by the system. While supportive and administrative applications may enhance efficiency, decision-making through algorithms raises significant concerns regarding transparency, accountability, due process, judicial independence and fairness. The paper argues that functional classification provides a useful complementary framework to the risk-based approach of the AI Act and facilitates a more nuanced assessment of AI-related risks in the justice sector. It is therefore submitted that appropriate human oversight and digital skills must be adopted in order to achieve a legitimate and effective use of AI in the judicial environment.