Ensuring Fundamental Rights in the Age of Digital Justice: Assessing the Compatibility of AI Use by Swedish Courts through the Lens of EU Charter

Sammanfattning

This thesis investigates the integration of artificial intelligence (AI ) within the Swedish courts, with a particular focus on its compatibility with the rights to privacy and a fair trial as enshrined in the Charter of Fundamental Right of the European Union (CFR). As we entered the third decade of the 21st century, a technological revolution, led by AI is transforming various sectors, including judicial systems across the EU, Sweden, and globally. The adoption of AI in courts presents opportunities to enhance operational efficiency but also raises important legal and ethical considerations. The analysis centres on Sweden’s use of two specific AI tools: a redaction service, developed to anonymize confidential information, and a multilingual legal translation application used to translate judgments of the Supreme Court and Supreme Administrative Court of Sweden. These tools are evaluated for both their functional benefits and the legal and ethical risks they may pose, particularly in light of fundamental rights and the requirements of the EU AI Act regarding high-risk AI systems. The thesis explores the legal, institutional, and technological frameworks that shape the implementation of AI in the courts, including EU policies on the digitalization of justice, the CJEU’s AI strategy, and Sweden’s national AI strategy. It critically examines whether these AI tools used in Swedish courts align with the right to privacy and a fair trial, and whether they fall within the definition of high-risk AI systems under the EU AI Act. The study highlights the importance of human oversight to ensure the ethical, lawful, and transpar-ent use of AI in the courts. In conclusion, this thesis underscores the transformative potential of AI in Swedish courts, while offering a balanced analysis of both its benefits, risks, and the safeguards necessary to uphold fundamental rights.