Revolution in the judiciary: How AI is changing our constitutional state!

Revolution in the judiciary: How AI is changing our constitutional state!

On October 8, 2025, the challenges and opportunities of digitalization will be the focus of discussions in the judiciary. The transformation driven by electronic files and automated analysis processes can no longer be stopped. Eric Witte, academic employee at the ZfRV, emphasizes the central importance of strategic considerations for the legally compliant implementation of artificial intelligence (AI) in companies and the judiciary. The aim must be to guarantee fundamental rights, data protection and fairness and thus strengthen trust in automated decision-making processes. [b-tu.de] reports that EU member states must implement the AI ​​Act by August 2026, which is intended to make the use of AI safer.

The AI ​​Act categorizes applications according to their risk potential and imposes strict requirements for particularly high-risk systems. A striking example of the problems that AI can cause in the justice sector is the COMPAS system in the USA. This is used to assess risk in the criminal justice system and although it can speed up processes, it carries potential risks such as discrimination and a lack of transparency. According to Witte, the use of COMPAS is considered inadmissible in Germany because it contradicts the findings of justice research.

The role of people in the justice system

People and their justice should form the central principle of the rule of law, including the pursuit of fair outcomes and transparent decision-making processes. Injustices, Witte warned, endanger the population's trust in the institutions and in the constitutional state itself. The Cottbus Media Law Days, which are part of the master's degree program "Business Law for Technology Companies (M.B.L.)" at the BTU Cottbus-Senftenberg, are intended to provide space for such important discussions. This course of study is aimed specifically at industrial engineers, lawyers and humanities scholars with experience in advising or handling legal issues in technology companies.

Parallel to the development in Germany, the Council of Europe's AI Convention will be adopted on May 17, 2024, which represents a further significant step in the regulation of AI. dr-datenschutz.de highlights that this convention aims to ensure that AI systems are compatible with human rights, democracy and the rule of law. This set of rules is the result of collaboration between 46 Member States and other stakeholders and goes far beyond national regulations.

Challenges and exceptions

While the AI ​​Convention postulates important norms, civil society criticizes that exceptions - particularly with regard to national security interests and research and development activities - could jeopardize the protection of human rights and democratic principles. The European Data Protection Supervisor also expresses concerns about the general provisions and the lack of specific bans for certain AI applications.

In this context, with the adoption of the AI ​​Act on May 21, 2024, the Federal Government of Germany created an important legal framework to promote trust in AI technologies and promote innovation in Europe. [bundesregierung.de] explains that the AI ​​Act is considered the world's first comprehensive set of rules for AI in the EU and follows a risk-based approach. Higher risks require stricter requirements when it comes to protecting fundamental rights and ensuring the transparency of AI applications.

The next steps are crucial: EU member states are obliged to implement the AI ​​Act into national law. Germany has set itself the goal of acting as a leading location for AI technologies by setting up AI service centers, particularly for small and medium-sized companies. This will not only strengthen the economic situation, but also optimize the legal framework to do justice to the use of AI in a legal context.