Following a videoconference on Wednesday 10 June, the European Commission for the Efficiency of Justice (CEPEJ) adopted a declaration on 'Lessons learnt and challenges faced by the judiciary during and after the Covid-19 pandemic' (https://bit.ly/3dWoTaw ). It balances innovative practices implemented during the crisis with respect for fundamental rights.
Member states cannot use this crisis to "excuse deficiencies in judicial systems", stresses the CEPEJ, and even less can they use it as an argument to "reduce standards" or "breach legal guarantees". The CEPEJ therefore notes several intangible principles: the respect for rights guaranteed by the European Convention on Human Rights (right to liberty and security guaranteed by a judge, right to a fair trial); access to justice, which must continue, including by alternative means such as online services; safety of persons, which may require additional investment in court infrastructure; pursuit of cases, which must remain effective and requires budgetary support to reduce delays.
As regards the "rapid emergence" of cyberjustice, the CEPEJ calls for a "clear legal basis", attention to vulnerable groups, regular evaluation and protection of personal data.
It also emphasises that the lessons of the pandemic should be taken into account in legal training as well as insisting on a "strategy for the transformation of the judicial system" taking into account fundamental rights.
On this matter, the CEPEJ announces it will consider the development of a "roadmap" intended to provide guidelines to the member states. (Original version in French by Véronique Leblanc)