Presentation by Daniela Piana made at the OECD Global Policy Roundtable on Equal Access to Justice, 28 March 2019. For more information see www.oecd.org/gov/equal-access-to-justice-oecd-expert-roundtable-portugal-2019.htm

1. ACCESS TO JUSTICE
THROUGH VIRTUAL DOORS?
Toward an integrated framework for research and
ethically sensitive policy design
Piana Daniela
Research Director, Chair Political Science
University of Bologna Fellow IHEJ and ENS Paris Saclay
Member of the European Commission Alliance on Artificial Intelligence

2. Looking backward….
AUTOMATION AND DIGITAL
TECHNOLOGY HAVE ALREADY
MET THE LIFE OF JUSTICE
SYSTEMS
AUDIO
VISUAL
DEVISES
CASE LAW
ANALYSIS
CASE
MANAGEMENT
CASE FLOW
THROUGH
PLATFORMS

3. WHAT’S NEW?
Open and
wide access
to big data
set
Powerful
computation
A strong demand
for more
transparent and
more accessible
settle dispute
mechanisms
Ai meets law and justice
A plural cluster of
private, third sector
and public sector
world wide

4. People pathways toward
justice …
From a socio-economic
problem to a legal
problem
Lawyering in
a competitive
arenas
Court
management
Judicial
decision
making
ADR
Setting
sectoral
standards

5. Artificial intelligence
enters at different stages
 1) case law analysis (from big data) and
predictive / diagnostic assessment of the
problem
 2) lawyering advisors and strong pressure toward
bechmarking / standard treatments
 3) advising judicial actors through diagnosis /
analysis from case laws & big data set
 4) tracing and keeping memory of legal acts
(such as land registry, sentence executions, etc)

6. Trasformative potential and
challenges from the AI /
law&justice encounter
 Mathematical devices accessible and
readable? = > accountable?
 Who is in charge?
 What about domestic borders versus
legal/judicial dataset?
 Judicial truth from mathematics?
 =>>>>> PEOPLETRUST ????

7. The state of the art in practice
≠

8. Normative frameworks coming up in 2018 at the
transnational level
 General Data Protection Regulation, adopted
by the European Union, enforceable starting
on May, 25th 2018.
 Draft Ethics Guidelines forTrustworthyAI, 18
december 2018, High Level ExpertGroup on
Artificial Intelligence, European Commission
 CEPEJ Ethical Charter on the use of artificial
inteligence in judicial systems, 6 december,
2018.

10. Proposals for the Oecd Advisory Justice
Research Committee
1) Mapping trust building processes and
breaking down trust components
(predictability, satisfaction, differential
responses, public awareness)
2) Mapping practices and experimental paths
of AI driven lawyering and AI advising tools
in the judiciary
3) Outlining a participative method to
regulation in the AI / law & justice sector
4) Call for research focusing on practices and
actors
5) Drawing a line between data, information,
knowledge, shared knowledge

11. CODE IS LAW?
PEOPLE TRUST IS THE
KEY!