Judicial Review Automated Decision Issued by Artificial Intelligence System: A Comparative Legal Study of Iraqi and French Law

The purpose of the study is to explore the judicial review of automated decisions issued by artificial intelligence systems, a significant concern for both Iraqi and French law. This led to an investigation and mapping of the challenges involved in compliance with judicial review of automated decisions issued by artificial intelligence systems in France and Iraq. A socio-legal study was adopted, using a functional, library-based comparative approach that focuses on how each legal system responds to a similar set of issues raised by AI-based automated decisions, rather than on finding similarities in formal legal texts. This approach helps identify functional alternatives, regulatory lacunae, and best practices that can be transferred across borders regarding the impact of judicial review of automated decisions made by artificial intelligence systems. The findings revealed that, for Iraq to meet the AI obligation, it must overcome challenges, including cost and complexity. Nevertheless, these costs are lower than the drawbacks associated with non-compliance. Following judicial review, an automated decision issued by an artificial intelligence system can help the Iraqi judiciary grow. However, it is difficult and expensive to comply with these requirements. The current research hopes that the AI regulatory authorities in France and Iraq will adopt more effective measures to ensure efficient compliance with AI.