CEU Electronic Theses and Dissertations, 2025
| Author | Deputat, Diana |
|---|---|
| Title | Civil Justice in the Age of AI: Human Involvement in Automated Decision-Making in the EU and the UK |
| Summary | The advancement of artificial intelligence (AI), particularly generative AI and large language models, has raised complex questions about the prospects of its integration into the judicial decision-making process in civil cases. While many jurisdictions prohibit fully automated AI adjudication due to various legal and ethical risks, the issue arises whether to strike the right balance between leveraging the benefits of AI-assisted adjudication and safeguarding the procedural rights of the parties, without “opening the door” to their possible abuse. This thesis examines the doctrinal and regulatory foundations for defining the concept of human involvement in the AI-assisted decision-making process in civil proceedings. It focuses on the degree of such involvement, with particular attention to the “human-i n-the-loop 1d; and “human-o ut-of-the-loop& #x201d; models. Through a comparative analysis of the regulatory approaches adopted by the EU and the UK, this thesis identifies the limitations on AI use in the judiciary and two above-mentioned corresponding models of human involvement. Furthermore, it conceptualises an emerging procedural right, namely the right to human involvement that derives from the concept of human involvement. The thesis analyses the scope of this right in light of Article 22 of the General Data Protection Regulation and assessess its potential to transform interpretation of existing procedural guarantees under Article 6 of the European Convention on Human Rights. By modelling different regulatory scenarios applicable to both jurisdictions, it suggests the additional safeguards for AI integration in the decision-making process based on monetary thresholds and different case complexity, to ensure compliance with procedural requirements under the right to a fair trial. It also explores preventive mechanisms against the abuse of the right to challenge decisions rendered with AI assistance and highlights possible need for reform of the three-tier court structure in case of increased AI deployment in adjudication. |
| Supervisor | Tommaso Soave |
| Department | Legal Studies MA |
| Full text | https://www.etd.ceu.edu/2025/deputat_diana.pdf |
Visit the CEU Library.
© 2007-2021, Central European University