Ethical restrictions on the use of artificial intelligence in the application and implementation of judicial rulings

Abstract

 This research examines the ethical and legal constraints governing the use of artificial intelligence technologies in the application and enforcement of judicial judgments, given that the enforcement stage represents the practical extension of judicial work and the phase in which justice is realized in its concrete and tangible form. The study is situated within the context of the accelerating digital transformation of judicial institutions and the growing tendency to integrate intelligent systems into enforcement procedures, to enhance efficiency and escalating the enforcement of justice. 

The research focuses on analyzing the ethical challenges associated with the deployment of algorithmic systems in judgment enforcement, particularly the risks of algorithmic bias, the lack of transparency in decision-making mechanisms, and the difficulty of determining legal responsibility for execution errors resulting from intelligent systems. It also addresses the impact of such use on procedural justice guarantees, the principle of equality before the law, litigants’ rights to challenge and review enforcement measures. The research as well discusses the limits of legitimacy of some executive measures to technical systems that lack the self capability to have the human evaluation for humanitarian and social implications of implementation.  

The study adopts an analytical, doctrinal, and comparative methodology by examining the conceptual and legislative frameworks regulating artificial intelligence within the judicial sphere, alongside an analysis of selected international experiences involving the use of intelligent systems in judicial and enforcement contexts. This approach aims to extract relevant lessons and assess their compatibility with ethical principles and legal safeguards. 

The research concludes that the use of artificial intelligence in the enforcement of judicial judgments can only be considered legitimate when conducted within a strict ethical and legal framework that ensures effective human judicial oversight over technological outputs, preserves the essence of justice, and justice independence  and safeguards the  individuals'  fundamental rights and freedoms. Such a framework is essential to achieving a balanced approach that reconciles technological development with the principles of the rule of law.