Effective Rights and Remedies in the Computable Era: Facing Informative Asymmetry When AI Adds to Transnational Cooperation
Giulia Lasagni, Giuseppe Contissa · 2025
Judicial Cooperation and AI Technology: a Complexity ChallengeNumerous contributions in the last years have dealt with identifying the advantages brought by the AI potential to the criminal justice systems, and perhaps even more authors have raised their voices about the risks posed by such technology for the integrity of fundamental rights in this domain.1These authors have also entered the debate by stressing the complexity of ensuring the effectiveness of remedies where algorithmic and AI decisions are in place.On that occasion, we had discussed how, to be able to challenge an individual decision effectively, the data subject must have access to all the information relevant to the decision, and in particular to the datasets, the data processing methods, and the source code expressing the algorithms underlying the functioning of the system.2However, AI systems often present significant challenges for transparency: information on the dataset is usually not available to the parties or the judge using the system, and a similar consideration may be made with regard to the information on the data processing methods and algorithms.In fact, in many cases, they depend on the accessibility of the source code, the disclosure of * The chapter is a joint reflection of the authors, but its drafting is broken down as follows:Contissa § § 2, 4 (technological part), 5; Lasagni § § 1, 3, 4 (legal part). 1 See, ex multis, Aleš Završnik 'Criminal justice, artificial intelligence systems, and human rights' (2020)