Data Space, Interoperability and Artificial Intelligence in Justice

ABSTRACT This research paper analyses the application of Artificial Intelligence in Justice, focusing especially on the necessary interrelation between data, interoperability and AI. With this in mind, the article analyses the regulatory framework for data in the European Union and establishes the convenience of creating a Justice Data Space in which judicial data can be shared: judgments, orders, etc. Once this assumption has been established, the work analyses the principle of interoperability as a key element for the data contained in the Justice Data Space to be able to feed Artificial Intelligence systems, analysing the requirements and testing mechanisms contained in the new Regulation for an Interoperable Europe. Once the foundations regarding data quality and the interoperability infrastructure have been laid, the article analyses the objectives, requirements and prerequisites for the creation and implementation of Artificial Intelligence systems in Justice, which the new European Regulation classifies as high-risk systems. For this reason, it analyses the obligations relating to high-risk systems, with special interest in the impact assessment, which are mandatory requirements in order to be able to articulate AI systems such as jurimetrics or automated administrative actions. Finally, the work culminates with the proposal that the design and creation of Artificial Intelligence systems in Justice should be public and that it should allow the reuse and transfer of this technology in general throughout the judicial system of the European Union and its Member States.

KEYWORDS Data - Justice Data Space - Data Public Administration – Interoperability - Artificial Intelligence – Justice - Impact assessment - Reuse and transfer technology

TABLE OF CONTENTS 1. General and conceptual approach to the study. AI in justice in the era of Data Public Administration. – 1.1. Data Public Administration. – 1.2. Data spaces. Towards a Justice Data Space in the EU. – 1.2.1. European Data Strategy. – 1.2.2. Data Spaces in the EU. – 1.2.3. Towards a Justice Data Space. – 1.3. Interoperability as a link between data and AI systems. – 1.4. The concept of AI applied to Justice. – 1.4.1. Official and regulatory definitions. – 1.4.2. Doctrinal definitions. – 2. The necessary configuration of a Justice Data Space in the EU. Prerequisites, objectives and configuration parameters. – 3. Judicial interoperability in the EU. – 3.1. Multi-level configuration. – 3.2. Establishment of binding rules. – 3.3. Requirements for automation of data exchange. – 3.3.1. Requirements of the Data Regulation. Interoperability. – 3.3.2. Requirements of the Interoperable Europe Act. Establishment of interoperability regulatory sandboxes. – 4. Application of AI in Justice. – 4.1. Prerequisites. – 4.2. Objectives. – 4.3. Requirements. In particular, the impact assessment. – 4.3.1. General requirements and obligations. – 4.3.2. In particular, impact assessment. – 4.4. Possible uses of AI in justice in the light of the EU Regulation 2024/1689. Judicial jurimetrics and basic automated proceedings. – 4.5. Re-use of AI systems in justice at the EU level. – 5. Conclusions