Judicial Administration 4.0: strengths, challenges and opportunities of a proactive approach to AI regulation in Spain

Abstract

The use of predictive artificial intelligence (AI) has profoundly transformed research on criminal procedures and the operations of judicial bodies, particularly in areas such as predictive surveillance and investigations. Generative AI has also emerged, further automating the administration of justice by enabling judicial decisions to rely on data generated through intelligent chat systems, and even incorporating robot judges. This evolution can be termed Judicial Administration 4.0. This paper discusses the benefits of predictive AI tools in crime prevention, investigation and the criminal process alongside the advantages of generative AI for enhancing judicial efficiency. It also examines the risks associated with these technologies from a proactive law perspective, addressing concerns about citizens’ fundamental rights and proposing meditated regulatory measures to mitigate these risks while promoting compliance. By highlighting AI’s transformative impact on traditional judicial activities, this study further aims to assess whether the potential risks necessitate binding regulations or whether codes of conduct (soft law) are sufficient.