Judges-in-the-loop? Judicial involvement in human oversight of high-risk decision support systems under the EU AI Act

Isabella Banks

International Journal of Law and Information Technology2026https://doi.org/10.1093/ijlit/eaag001article
ABDC A
Weight
0.50

Abstract

The European Union (EU) Artificial Intelligence Act (AI Act) requires institutions that deploy high-risk AI systems to ensure that they are overseen by individuals with the necessary competence, training, authority, and support. Judicial institutions may look to judges who use the high-risk decision support systems they deploy to perform this oversight role. These judges are ‘in-the-loop’ in the sense that they review each output the system generates and decide whether to override, disregard, or defer to it. This article explores the implications of making judges-in-the-loop responsible for human oversight under the AI Act by assessing the unique professional responsibilities, skills, motivations, and biases they bring to the AI-supported decision-making process. It finds that the task of overseeing high-risk decision support systems is too big for judges-in-the-loop alone and proposes an alternative way of involving judges in human oversight that not only meets the AI Act’s requirements, but more reliably safeguards judicial values and fundamental rights.

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https://doi.org/https://doi.org/10.1093/ijlit/eaag001

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@article{isabella2026,
  title        = {{Judges-in-the-loop? Judicial involvement in human oversight of high-risk decision support systems under the EU AI Act}},
  author       = {Isabella Banks},
  journal      = {International Journal of Law and Information Technology},
  year         = {2026},
  doi          = {https://doi.org/https://doi.org/10.1093/ijlit/eaag001},
}

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Evidence weight

0.50

Balanced mode · F 0.40 / M 0.15 / V 0.05 / R 0.40

F · citation impact0.50 × 0.4 = 0.20
M · momentum0.50 × 0.15 = 0.07
V · venue signal0.50 × 0.05 = 0.03
R · text relevance †0.50 × 0.4 = 0.20

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