AI-driven civil litigation: Navigating the right to a fair trial

Selçuk S., Konca N. K., Kaya S.

Computer Law & Security Review, cilt.57, ss.1-11, 2025 (SSCI)

  • Yayın Türü: Makale / Tam Makale
  • Cilt numarası: 57
  • Basım Tarihi: 2025
  • Doi Numarası: 10.1016/j.clsr.2025.106136
  • Dergi Adı: Computer Law & Security Review
  • Derginin Tarandığı İndeksler: Social Sciences Citation Index (SSCI)
  • Sayfa Sayıları: ss.1-11
  • Eskişehir Osmangazi Üniversitesi Adresli: Evet

Özet

The integration of artificial intelligence (AI) into legal proceedings has gained significant traction in recent years,

particularly following the Covid-19 pandemic. As part of the broader movement toward the digitalization of legal

systems, AI is seen as a tool to improve access to justice, enhance efficiency, and adopt a human-centered

approach. However, the rapid advancement of AI necessitates careful consideration of fundamental human

rights, especially the right to a fair trial as enshrined in Article 6 of the European Convention on Human Rights

(ECHR). Recently, the European Union’s Artificial Intelligence Act classifies AI systems used in the judiciary as

high-risk, requiring impact assessments on fundamental rights, including the right to a fair trial. This paper

explores the impact of AI-driven judicial tools on the right to a fair trial, focusing on key components such as the

right to be heard, judicial independence, impartiality, and the principle of publicity. This paper explores the

impact of AI-driven judicial tools on the right to a fair trial, focusing on key components such as the right to be

heard, judicial independence, impartiality, and the principle of publicity, while examining the risks and opportunities

posed by AI in civil litigation, including challenges like algorithmic discrimination, digital exclusion,

and the potential erosion of human judges’ cognitive abilities.