Spain has developed an abundant and rich legislative agenda regarding the use of technologies in judicial proceedings. As of today, Spain is one of the most digitalized member states in the European Union, with one of the highest amounts of court data available and with the potential to implement AI tools to expedite certain type of cases arising in specifically legal proceedings. Examples are: Lexnet, CENDOJ and KENDOJ.
Law 18/2011, adopted well before artificial intelligence was a reality, and its article one provides that
“Information technologies shall be used in the Administration of Justice in accordance with the provisions of this Law, ensuring the access, authenticity, confidentiality, integrity, availability, traceability, preservation, and interoperability of the data, information, and services it manages in the exercise of its functions."
This Royal Decree, also known as the decree of procedural efficiency, establishes that justice and its organization should be focused on generating court data (article 35 of the Royal Decree 6/2023).
The organic law 3/2018, of data protection, refers to data processing inherent to AI systems when personal data provides from public registries (see article 2.3 of Organic law 3/2018) and when processing is conducted by the prosecutor’s office (see article 2.5 of Organic law 3/2018).
Article 23 of Law 25/2022 provides that AI and ADM, when used by public administrations, should minimize biases, transparency and accountability when technically feasible.
Royal Decree 817/2023 provides for the requirements for controlled environments to test the provisions of the AI act. This Decree reproduces and replicates the provisions of the AI Act.
In a remarkable shift in the approach of organizing judicial offices, law 1/2025 provides for the creation of some common services that will assist multiple judges and courts in the judicial proceedings (Chapter II of Title II of the law 1/2025 and particularly article 436 of the Law 1/2025).
These common services are those that are necessary for organizing and structuring and systematizing the judicial proceeding (article 437 of the Law 1/2025).
The AI act wants to contribute in moving towards a reliable, ethical and human centered AI in Europe an ensure that systems are applied ethically – ensuring that AI systems are developed and used (1) according to ethical principles, with special importance on the protection of human rights, -, (2) safely, and (3) for the benefit of society.
It aims at doing that by monitoring, disseminating, advising, awareness, raising, and training, private and public low bodies for an adequate implementation of the national as well as European regulations on AI systems. It also has powers for conducting inspections, enforcing regulation, and imposing sanctions for lack of compliance with the applicable regulation.