Judicial and similarly invasive binding decisions of state bodies may never be fully automated. This is one of the statements by the German Bar Association (DAV) in its position within the framework of the Commission’s consultation on its White Paper on Artificial Intelligence (see eucrim 1/2020, pp. 8-9).

Aware of the increasing importance of artificial intelligence in modern society and the possible advantages that this technology can also create for the justice system, the DAV recommends that the Commission, when working out a new framework for artificial intelligence, take into account the particularly high fundamental rights risks associated with the introduction of AI into the justice system. It should be subject to strict requirements, and comprehensive and meaningful transparency obligations must be respected. Furthermore, liability rules must be extended to AI at the EU level. Similarly, effective redress and control mechanisms for the use of AI in the field of justice and public administration must be established. In order to ensure the EU’s human-centric approach to digitalisation, the EU and its Member States must ensure that the increasing automation of services does not lead to job losses in the justice sector. Instead, additional training and knowledge sharing should be provided to legal professionals in the field of AI.