In a thought-provoking new article, Explaining and Contesting Judicial Profiling Systems, Beyond a Procedural Right to an Explanation, Ljubiša Metikoš dives deep into how courts utilize profiling systems and the need for litigants to have the ability to contest such practices. The crux of the argument is that the mere provision of a procedural right to an explanation is insufficient to safeguard fairness in judicial profiling. Instead, this contestation must be embedded during the system’s design phase.

By drawing on a wide array of regulatory sources – including the AI Act, the Right to a Fair Trial (Article 6 ECHR), the GDPR, and the Law Enforcement Directive, Metikoš uncovers the loopholes and shortcomings of Europe’s current approach to judicial profiling.