Challenges of Digitalisation in Judicial System

Abstract

Digitalisation opens the debate on the fundamental principle of a democratic society: legitimacy of decisions. There is a relationship of trust between a society living in a law-governed legal area and a judge based on the expectation that the relationship between the individual and the state is governed by a public contract that defines the rights and obligations of all parties involved to represent the common interest. The aim of the study is to detect challenges of digitalisation in judicial system and define whether it is possible to include a decision algorithm in such a public contract and what innovations that guarantee efficiency, legal certainty and access to justice could be. Keywords: artificial intelligence, judicial system, litigation, fundamental rights, fair trial