La funzione giurisdizionale tra decisione umana e algoritmica

In light of the current regulatory framework and the recent Recommendations of the High Council of the Judiciary (CSM), this contribution analyses the areas of application of algorithmic decision-making, highlighting its limits and potential. These considerations lead the author to point out that, notwithstanding existing regulatory constraints, legal practitioners can hardly avoid the “practical force” of algorithms. In this context, it is fundamental to reflect on the importance of legal experience, particularly the principle of “digital loyalty,” which must govern all actors involved in the exercise of the judicial function.