Respecting and Strengthening Human Autonomy when Using Artificial Intelligence in the Administration of Justice

The field of artificial intelligence has made a significant impact on the administration of justice, with various applications now available to assist judges in resolving cases. In the field of criminal justice, applications include predictive justice and decision-making assistance through the evaluation of facts, as well as the classification of criminals into risk groups. In any event, the utilization of artificial intelligence in the administration of justice should not supersede human judgment. The functional separation of powers requires that humans be held ultimately responsible for decisions and oversight of systems, with algorithms providing support for decision-making. This separation is key to ensuring institutional accountability, reducing the risk of system errors, and enhancing the legitimacy of the results. Therefore, artificial intelligence can be regarded as a tool for enhancing legal skills. This means that the results of artificial intelligence systems must be explainable and verifiable [1], and that human intervention is required at every stage of the system’s life cycle [2]. Therefore, in accordance with the principle of “human control,” it is essential to ensure that the ultimate responsibility and decision-making authority rests with human decision-makers. This approach safeguards professional autonomy and citizens’ rights. Technology should be a tool that enhances human cognitive, ethical, and social capabilities, without compromising human autonomy and responsibility. At the same time, respect for human autonomy means that people must also retain control over their data. It is imperative that no automated system operates in isolation from human oversight, especially when it affects freedoms, rights, or social balances [3]. Ensuring autonomy also means ensuring that artificial intelligence does not undermine individual responsibility or reduce professional competence in the field of justice.

The key dimensions of this principle are as follows:
(a) Human control and oversight: this means that humans must be able to monitor, intervene in, and correct the operation of artificial intelligence systems, both during their development and during their implementation [4].
(b) Human autonomy: this means that each individual has the right to act on the basis of their own decisions and goals, without coercion or manipulation by technology.
(c) Respect for privacy: this means that autonomy requires respect for people’s private lives [5].

In the context of criminal justice, authorities must protect the privacy of all individuals involved (users, defendants, victims, citizens) and refrain from unnecessary or excessive interference with personal data. This includes the application of data minimization principles [6] and strong access controls, ensuring that only the information that is strictly necessary is processed. With regard to open data policies for court decisions, the names of litigants, witnesses, and judges must also be protected [7]. It is clear that, in order to be effective, technology must be human-centred. The fair and democratic use of artificial intelligence is dependent on the respect and enhancement of human autonomy.

In the field of administration of justice, artificial intelligence is a valuable tool for judges, enhancing the efficiency of the judicial system. The advantages of artificial intelligence include its incredible speed, remote access to courts, and reduced costs [8]. However, it should be used as a supplementary resource for legal professionals, especially judges, who should reserve the right to disregard the system’s decision and base their own judgment. This is necessary to maintain their independence from external factors and, at the same time, ensures that, when making their decisions, they continue to be guided by their conscience and the law.

Article provided by Democritus University of Thrace

References

[1] Sourdin, T. (2021). Judges, Technology and Artificial Intelligence. Edward Elgar Publishing. https://doi.org/http://dx.doi.org/10.4337/9781788978262

[2] Nikolinakos, N. (2023). EU Policy and Legal Framework for Artificial Intelligence, Robotics and Related Technologies – the AI Act. Springer. https://doi.org/https:// doi.org/10.1007/978-3-031-27953-9

[3] DUTH (2025). Code of conduct for legal professionals in the use of AI. Deliverable D3.2. FAIR-PReSONS. Fair predictions of gender-sensitive recidivism GA No: 101160473

[4] Regulation 2024/1689. Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 Laying down Harmonised Rules on Artificial Intelligence and Amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act), Article 14, https://eur-lex.europa.eu/eli/reg/2024/1689/oj/eng

[5] Committee of Experts on Internet Intermediaries (MSI-NET). (2018). Algorithms and Human Rights. Study on the Human Rights Dimensions of Automated Data Processing Techniques (in Particular Algorithms) and Possible Regulatory Implications. Council of Europe. https://edoc.coe.int/en/internet/7589-algorithms-and-human-rights-study-on-the-human-rights-dimensions-of-automated-data-processing-techniques-and-possible-regulatory-implications.html

[6] UNICRI and INTERPOL (2024), Toolkit for Responsible AI Innovation in Law Enforcement: Principles for Responsible AI Innovation, June 2023 (revised February 2024): https://unicri.org/Publication/Toolkit-for-Responsible-AI-Innovation-in-Law-Enforcement-UNICRI-INTERPOL

[7] European Commission for the Efficiency of Justice (CEPEJ). (2018). European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and Their Environment. https://rm.coe.int/ethical-charter-en-for-publication-4-december-2018/1680 8f699c

[8] Asthenidis S. (2022). Artificial Intelligence and Justice: Governance in the 21st century: The human factor and Artificial Intelligence. Information Society, https://www.ktpae.gr/en/news/artificial-intelligence-and-justice-governance-in-the-21st-century-the-human-factor-and-artificial-intelligence/