La giustizia algoritmica, tra esperienze comparate e la nuova regolamentazione europea in materia di intelligenza artificiale

The paper explores the legal and constitutional issues on the use of AI in the judicial sector. It analyses the risks of algorithms affecting court proceedings – not only judgements, but also lawyer’s deeds – and examines the effects on compliance with the principle of transparency and guarantees of due process. The paper also focuses on the AI Act, which provides an advanced regulatory model based on principles of transparency, human oversight and risk management, which can also be replicated in non-European legal systems. In fact, in a comparative analysis, the paper examines the decision of Colombian Constitutional Court T-323/2024, on the use of AI in judicial decisions, which reaffirms the centrality of the human factor, looking at the AI Act as model for a national law on IA.