Jordi Nieva Fenoll

Cassation and artificial intelligence

Introduction

Cassation and artificial intelligence. Explore how the cassation system struggles to protect legal order. Discover how generative AI can empower the legislature, speed up appeals, and boost legal certainty in supreme courts.

Abstract

The system of cassation, and more generally the system of appeal before supreme courts, has ultimately failed to adequately fulfill its nomophylactic function—that is, the protection of the legal order—primarily because the creator of legal norms does not coincide with their supposed protector. This has produced paradoxical situations in the normative sphere, as illustrated by the concept of precedent. Generative artificial intelligence opens new possibilities in this regard, potentially enabling the legislative branch to recover its former role as guardian of its own laws, while also allowing cassation appeals to be resolved with unprecedented speed, thereby enhancing legal certainty.

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