Resumen de Cassation and artificial intelligence: towards the end of a system that has never worked properly?

Jordi Nieva Fenoll

• The system of cassation, and more generally the system of appeal before supreme courts, has ultimately failed to adequately fulfill its nomophylactic function—that is, the protection of statute law—primarily because the creator of legal norms does not coincide with their supposed protector. This has produced paradoxical situations in the normative sphere, as illustrated by the concept of precedent. Generative artificial intelligence opens new possibilities in this regard, potentially enabling the legislative branch to recover its former role as guardian of its own laws, while also allowing cassation appeals to be resolved with unprecedented speed, thereby enhancing legal certainty.