Abstract

This article compares the rules concerning access to judicial decisions in Italy and in France, analyzing in depth their evolution and assessing their suitability to satisfy the policy objective of open access to judgments. Statutory law, implementing regulations and judicial practices are all envisaged, to fully understand the mechanisms actually ruling the access to the sentences in these two countries. Finally, the article explores the issues of judicial open data also in relation to the development (by legal technology companies) of AI predictive algorithms to be applied to big data of case law, and it critically assesses the opportunities and risks of predictive justice.