Judges, Algorithms, and the Limits of Artificial Justice: A Comparative Analysis between the EU and Colombia after August 2, 2024

The growing incorporation of artificial intelligence into judicial processes has raised complex legal and constitutional questions worldwide. This article offers a comparative analysis of two significant legal developments concerning the use of AI in judicial decision-making: the entry into force of Regulation (EU) No. 1689/2024 in the European Union and the Colombian Constitutional Court’s landmark ruling T-323/2024, curiously on the same day (August 2, 2024). While the European framework adopts a risk-based regulatory approach that classifies AI tools used in judicial contexts as high-risk systems, the Colombian ruling responds to a concrete case in which a judge explicitly incorporated ChatGPT-generated content into a decision and takes advantage of the occasion to establish general principles applicable erga omnes. Despite differing institutional frameworks, however, the article highlights a surprising convergence in the core standards set in the two experiences, including transparency, human oversight, and the non-substitution of judicial reasoning.