The German EU Council Presidency wants to promote the digitalisation of judicial systems, according to draft EU Council conclusions dated 21 August, of which EUROPE has received a copy. The text, which recognises the high potential of digitalisation in improving access to justice, is to be presented and discussed at the meeting of JHA Councillors on Tuesday 1 September.
“The Covid-19 crisis has confirmed the need to invest in and make use of digital tools in judicial proceedings in the Member States and in cross-border proceedings”, it reads.
The draft text calls on the Commission to develop a comprehensive EU strategy towards digitalisation of justice and to further develop the monitoring of relevant digitalisation indicators in the EU Justice Scoreboard (see EUROPE 12525/21).
It further requests that it evaluate possible actions and present concrete ideas in a communication, as it has committed itself to do, by the end of 2020 (see EUROPE 12540/15).
According to the Presidency, among the avenues to be considered is the strengthening of the e-Codex system, the main secure communication tool used in cross-border procedures. Berlin invites the Commission to present a proposal to ensure the sustainability of this system, with an adequate governance and management structure that respects the independence of the judiciary and the constitutional requirements of the Member States, it says.
In addition, the text asks the Commission to extend the eEDES digital electronic evidence exchange system to other instruments of judicial cooperation in criminal matters, a system which supports procedures relating to European arrest warrants and mutual legal assistance between Member States.
Artificial intelligence in the service of justice?
With regard to the use of artificial intelligence (AI) in the field of justice, the draft text is intended to be more measured. It acknowledges that AI may in future be capable of performing increasingly complex tasks such automatically transcribing records of oral hearings, supporting the analysis and evaluation of legal documents and providing information via legal chatbots.
Nevertheless, the use of AI must absolutely be accompanied by safeguards to avoid distorted decision-making and infringement of fundamental rights, the text states. In the Presidency’s view, full automation of judicial decision-making should be prohibited, for example, and appropriate levels of transparency, verifiability, security and accountability should be provided for.
The text also asks the Commission to take into account the specific risks and requirements of the justice sector when designing a future EU legal framework for artificial intelligence (see EUROPE 12538/13).
The Presidency is also focusing on the training of judges and legal practitioners in these new digital tools as well as on funding. The Commission is further invited to ensure appropriate funding to support the digitalisation of Justice, in particular through the Digital Europe programme. (Original version in French by Marion Fontana)