Reserve of Humanity, Artificial Intelligence and the Judicial Function in the Light of the AI Act
Considerations (and Some Proposals) on the Future of the Administrative Trial

ABSTRACT The constitutional principles and the most recent legislation of European derivation (including, in particular, the IA Act) draw a “reserve of humanity” in the trial, opening up to a “servant” use of artificial intelligence, only in support (and not in the stead) of the judge as a physical person. In a de jure condendo perspective, in the procedural regulation of the instrument, it will be necessary, however, to prepare (technical and legal) expedients able to contain the automation bias (i.e. the tendency to uncritically flatten on the computational result) and to avoid that this reserve be actually emptied of any real meaning. To this end, it appears necessary to focus on the development of specific skills on the part of the judge who is a natural person that will enable him or her to give concreteness to a judgement with ‘augmented’ humanity.

KEYWORDS E-justice - Artificial intellingence - Reserve of humanity – AI Act

TABLE OF CONTENTS 1. Person and trial in the constitutional and supranational model. - 2. The most recent legal developments and the emergence, with the AI Act, of a “reserve of humanity” also in the trial. - 3. In search of a procedural legal status for the algorithm. - 4. The new challenges of the trial to come: the relationship between person and algorithm and the danger of an automation bias. - 5. A look into the near future: towards a judgement with “augmented” humanity