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CSM Recommendations on the use of artificial intelligence in judicial activity (Recomendacoes no uso de IA)

High Council of the Judiciary (Conselho Superior da Magistratura)

last revised 2026-04-08last verified 2026-09-041 versioncountry page →

GuidanceIn forceDisclosureVerification dutyProhibitionConfidentialitySupervision

map categories:Judges' use of AIAI barred from deciding casesCourts' own AI deploymentData protection and legal AIMandatory AI trainingVendor due diligence

Recommendations proposed by the CSM's AI Monitoring Group for judges' use of AI, citing AI Act Annex III point 8(a). Ten principles include effective human control, non-substitution, exclusive judicial responsibility and transparency; only systems supplied by the case-management platform or the CSM may be used; every AI-assisted decision must carry an express reference to AI use.

Applies to
judges
Effective
08 Apr 2026
Current version
Approved by the Plenario 8 April 2026; PDF published May 2026 · 08 Apr 2026
Last verified
04 Sept 2026
Official text
csm.org.pt/wp-content/uploads/2026/05/Recomendacoes_Uso_IA.pdf

What the document requires

  • Principle 2 and Rec. 7: AI may never replace judges in deciding, assessing facts or evidence, or interpreting the law.
  • Rec. 6: complete, critical personal review and validation of any AI draft before it becomes a decision.
  • Rec. 8: no judicial data in non-validated systems; open tools only for study on open sources.
  • Rec. 10: express reference in the decision that it was produced with the aid of an AI system and fully reviewed by the signatory.
  • Rec. 9: GDPR principles, security, traceability and no reuse; CSM-validated systems presumed compliant.

Version history

VersionDateWhat changedSource
Approved by the Plenario 8 April 2026; PDF published May 2026current2026-04-08First version recorded.official

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "CSM Recommendations on the use of artificial intelligence in judicial activity (Recomendacoes no uso de IA)" (High Council of the Judiciary (Conselho Superior da Magistratura), Approved by the Plenario 8 April 2026; PDF published May 2026, 2026-04-08), safelegalai.com/regulation/other/pt-csm-recomendacoes-uso-ia-atividade-jurisdicional (accessed 2026-09-04). Data: CC BY 4.0.

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