The AI Act: Challenges for Justice and Democracy in the Deployment of AI-Based Systems

Abstract

The entry into force of the AI Act will have a significant impact on the practices of both private and public actors. The Act identifies areas where there is a particularly high risk of the violation of fundamental rights, including the administration of justice and democratic processes. This article analyses the provisions of the AI Act for the use of AI systems in these areas, outlines the framework for their use and identifies the main risks to human rights. It considers the most important challenges arising from the AI Act in relation to justice and democratic processes, as well as the difficulties in interpreting the Act in this regard. It also proposes an approach that EU Member States can follow to adjust their national legal systems to meet these new challenges. It suggests that these challenges require a coherent process for the digitisation of justice that distinguishes between systems subject to high-risk AI regulation and those that can be implemented without such burdens. Regarding democratic processes, Member States must implement regulations that, first, promote transparency in the use of AI tools and, second, encourage cooperation with online platforms in monitoring them.