Paradigm shift in Civil Justice in light of technological innovation between the European Union, the USA, and China

Abstract

This article will address the transformation of the paradigm of civil justice that is happening both in the European Union and in other international legal systems in light of technological innovation. I refer to the phenomenon of so-called predictive justice. The objectives of this paper will be twofold. The first is to check how and to what extent this paradigm shift is taking place. To this end, I will start by showing some studies carried out by the European Commission and then move on to analyse the use of predictive justice tools in select European countries (Italy, France, Estonia, the Netherlands, and Great Britain). Finally, from an intercontinental comparative point of view, I will analyse the use of those digital tools in other legal systems: China and the US. The second objective, in light of the Italian legal system, is, on the one hand, to propose some possible practical uses of predictive justice tools and, on the other hand, to analyse their limits.