Effective Judicial Protection and AI

Article 24 CE as a Limit

Article 24 of the Spanish Constitution enshrines the right to effective judicial protection:

"All persons have the right to obtain effective protection from judges and courts in the exercise of their rights and legitimate interests, and in no case may there be a lack of defense."

Implications for Judicial AI

Any AI system used in justice must respect:

1. Right to a judge predetermined by law (art. 24.2 CE)

   • AI cannot assign judges arbitrarily
   • Distribution criteria must be transparent

2. Right to defense (art. 24.2 CE)

   • Parties must be able to know and rebut any AI analysis
   • There cannot be "black boxes" influencing the decision

3. Right to a process with all guarantees (art. 24.2 CE)

   • Equality of arms: both parties must have access to the same tools
   • AI cannot give procedural advantage to one party

4. Prohibition of defenselessness (art. 24.1 CE)

   • If an AI system influences the decision, it must be challengeable
   • Citizens have the right to understand what factors weighed in

Relevant TC Doctrine

• STC 31/1981: motivation is a constitutional guarantee, not a mere formality
• STC 167/2002: judicial immediacy cannot be delegated
• STC 58/2007: the judge must evaluate evidence directly and personally