On Monday 14 September, the European Commission published a first study which gives an overview of what a Cross-border Digital Criminal Justice infrastructure could look like.
Proposed for the first time in 2018 by Eurojust (see EUROPE 12144/5), this IT infrastructure is intended to be fast, reliable and secure and one that would enable national prosecution authorities to interact with their counterparts, JHA agencies and EU bodies in the Justice and Home Affairs (JHA) area.
After identifying the needs of professionals, the study presents seven components that would address these needs, starting with a secure communication channel to allow the secure electronic exchange of information and evidence across borders.
In addition to this channel, it also recommends a communication tool for the secure electronic exchange of requests for judicial cooperation, which could involve the use of the e-Evidence Digital Exchange System (e-EDES).
According to the study, the current Eurojust Case Management System (CMS) should also be overhauled and a collaborative platform should be created to set up, plan and coordinate the operations of joint investigation teams.
It also suggests setting up a working group to examine and implement a ‘hit/no hit’ system for the exchange of information between EU agencies and bodies, but also with EU IT systems.
The study also recommends the establishment of a Judicial Cases Cross-Check facility to look for links between cases under investigation in different Member States. A solution to overcome the limitation on the size of attachments, which is set by the current means of communication, will also have to be found, it stresses.
The Total Cost of Ownership (construction, operation and maintenance costs) of all these solutions over 5 years would be around €201 million, according to the study. Possible sources of funding explored in the report include the Digital Europe Programme, the Justice Programme, the European Regional Development Fund (ERDF), the Recovery and Resilience Facility as well as the own budget of some of the JHA agencies such as Eurojust and eu-LISA.
The study recommends that the Digital Criminal Justice Expert Group, composed of representatives of Member States, the European Commission, JHA agencies and EU bodies, should be in charge of the overall governance of the project. A strategic governance structure could be created to direct and oversee solutions from a policy perspective, the study says.
Use of new technologies
On the same day, the Commission also published a study on the use of innovative technologies, such as artificial intelligence, in the field of justice.
The study identifies 130 projects that use innovative technologies (93 from Member State authorities and the judiciary, 8 from legal professional organisations and 29 from information and communication technology (ICT) companies) and concludes that better coordination of activities at EU level is needed, as these projects have similar objectives, problems and technologies.
The results of these two studies will feed into the Commission's reflections in view of its Communication on the digitisation of justice, expected by the end of the year (see EUROPE 12540/15).
See the study on the Digital Criminal Justice Project: https://bit.ly/3muPFvA and on the use of new technologies: https://bit.ly/3muPOz8 (Original version in French by Marion Fontana)