Court of Justice of the EU faces landmark question on AI-driven judge assignment
In the preliminary ruling request, the court highlights that the SLPS system, developed without public scrutiny and administered under ministerial regulation, allows for case assignment that can lead to excessive workloads for some judges while others remain underutilised.
In a case that could reshape the digital foundations of European justice, the Court of Justice of the European Union (CJEU) has been asked to rule on whether Poland’s use of a random case allocation system powered by AI complies with European Union law.
The case, anonymised as Rowicz (C-159/25), stems from two appeals concerning late payment claims in commercial transactions. However, at its heart lies a more profound issue: whether the System Losowego Przydziału Spraw (SLPS) – Poland’s AI-driven Random Case Allocation System – ensures the constitutional right to a fair trial by an independent and impartial tribunal established by law.
The referral, lodged by the Warsaw Regional Court (Sąd Okręgowy w Warszawie), challenges the legitimacy of assigning judges via a computerised random number generator created under the supervision of the Minister of Justice, a member of the executive branch. Concerns have been raised that the SLPS, whose internal workings and source code remain undisclosed, is vulnerable to manipulation, lacks transparency, and undermines the principles of judicial independence and fair access to justice.
Central to the complaint is the reassignment of a judge, known as JD, who had initially been allocated cases through the SLPS but was later relieved of her obligations without sufficient legal justification. Her remaining caseload was redistributed in a new draw that disproportionately burdened a single judge, raising questions about fairness, efficiency, and non-discrimination.
The referring court cites multiple provisions of EU law, including Article 2 and Article 19(1) of the Treaty on European Union, as well as Articles 20 and 47 of the Charter of Fundamental Rights. These provisions demand effective judicial protection and guarantee that courts must be independent, impartial, and previously established by law. Recent EU regulations, particularly the Artificial Intelligence Act adopted in 2024, classify judicial AI tools like SLPS as “high-risk” systems, underlining the importance of transparency and public accountability.
In the preliminary ruling request, the court highlights that the SLPS system, developed without public scrutiny and administered under ministerial regulation, allows for case assignment that can lead to excessive workloads for some judges while others remain underutilised. This not only delays proceedings but may indirectly pressure judges, compromising their internal independence.
Moreover, the inability of judges or parties to contest how cases are allocated, due to a lack of available remedies under Polish law, further deepens concerns. The referring court argues that without proper safeguards, administrative control over judicial case assignment infringes the rule of law and citizens’ rights to due process.
The CJEU’s forthcoming decision could set a crucial precedent at the intersection of AI, judicial independence, and democratic governance in the European Union. If the SLPS system is found incompatible with EU standards, it could lead to broader scrutiny of how AI tools are deployed across member states, particularly in sensitive areas such as justice and fundamental rights.
The case promises to test not only the legality of Poland’s digital reforms but also Europe’s commitment to ensuring that the growing use of AI does not undermine core democratic principles.
