Joining the dots to fill the gap: rules on automated decision-making and high-risk AI systems in civil justice—revisiting the ELI-<scp>Unidroit</scp> Model European Rules of Civil Procedure

Abstract The ELI–Unidroit Model European Rules of Civil Procedure do not ignore the extensive and increasingly relevant role of technology in civil procedure and even acknowledge the potential role of AI in civil justice. Nonetheless, it was decided not to include special provisions dealing with the use of AI in, and for decision-making in, the civil justice system. Despite the absence of rules, several questions were raised on the use of AI in judicial decisions and left unanswered. Now, the scenario in which the ELI–Unidroit Rules can be applied is largely different, being densely populated by an increasing number of principles, self-governance instruments, legislative actions of varying character and scope, regulations, and international harmonizing instruments. This article dives into this current context and identifies several selected solutions to the problems raised and not solved in the ELI–Unidroit Rules. The article is exclusively focused on two sets of rules: on the one hand, those addressing automated decision-making; and on the other hand, those governing the use of AI systems classified as high risk on the basis of their intended application for the administration of justice.