Several representatives of the European institutions and Member States, experts and legal practitioners gathered on Monday 26 April at the high-level online conference “People-centred e-Justice”, organised by the Portuguese Presidency of the Council of the EU. All agreed that e-Justice must be inclusive and leave no one behind.
For the European Commissioner for Justice, Didier Reynders, “e-Justice has become the new normal”. Technology is essential for a modern and efficient judicial system and can reduce procedural delays, bureaucracy and costs, but it comes with challenges, he acknowledged.
“One of my biggest concern is avoiding the widening of the digital divide”. According to him, the modernisation of the judicial system alone will not be enough and will have to be accompanied by better education and awareness-raising of users of justice so that they can really exercise their rights.
In December 2020, the European Commission proposed a “toolbox composed of financial, IT and legal instruments to accompany this process of digitisation of judicial systems in the EU” (see EUROPE 12614/12), he noted.
In particular, it announced a legislative proposal by the end of 2021 that could require Member States to use digital channels by default for cross-border communications and data exchanges between national competent authorities and require Member States to accept electronic communications for cross-border procedures involving citizens and businesses (see EUROPE 12659/28).
“Today when the regional court in Berlin asks a court in Lisbon to examine a witness in a road traffic accident, it forwards a heavy file made up of paper and cardboard. This is no longer in keeping with our times”, said German Justice Minister Christine Lambrecht, who is awaiting the Commission’s new proposals with “great interest”.
However, it should not be forgotten that “all progress comes with responsibility”, she warned. In this case, digitisation is about the responsibility to preserve the fundamental guarantees of the rule of law.
In the courts, for example, decision-making should not be fully automated, she says. When used, algorithms should not be allowed to make distinctions either. She added: “Humans, not artificial intelligence, control decisions”.
The digitalisation of justice will also be one of the main priorities of the upcoming Slovenian Presidency of the EU Council, which will take over from Portugal on 1 July, confirmed Lilijana Kozlovič, the Slovenian Minister of Justice.
Slovenia will be able to contribute its experience in this area. Its Supreme Court is currently developing a procedure for the application of digital technologies in family law, which should gradually be extended to all other civil proceedings. (Original version in French by Marion Fontana)