24 SEPTEMBER 2020 – STRASBOURG – COUNCIL OF EUROPE – EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ)

by Sep 29, 2020

The CEPEJ Quality Working Group met via videoconference on 24 September 2020.

She renewed the mandate of Joao ARSENIO DE OLIVEIRA (Portugal) to assume the presidency of the group.

The group continued its work on the following topics, including:

1) The implementation of the European Ethical Charter on the use of artificial intelligence in judicial systems and their environment.

The use of artificial intelligence in the judicial field is an important issue and can lead to improvements, but increased vigilance is needed. Also a feasibility study on the establishment of a certification mechanism and an action plan in this area have been discussed and will be proposed at the next plenary meeting.

2) The centrality of the user in court proceedings.

The user must be at the center of the legal proceedings and it is a question of organizing the rules of procedure and the judicial system from his point of view and then improving the interaction between the user and the judge.

Based on a preliminary study, work will continue to develop guidelines. The EUR observed that, in the study, the position of clerks/Rechstpfleger and non-judge staff did not seem sufficiently stressed as to its role as a “link” between the litigant and the judge. For a better understanding of the functioning of justice, these non-judge staff are able, ahead of the proceedings, to explain the dispute to users, to inform them about the proceedings, about the applicable procedural rules, to clarify the issues of the dispute, to explore the possibilities of amicable resolution.

3) clear and simple communication with the litigant, especially in the drafting and communication phase of judicial decisions.

The summary document presented from the responses to a questionnaire to member states will be completed and will serve as the basis for developing guidelines and examples of good practice in this area.

The working group also held part of the meeting jointly with the “CYBERJUST” working group to determine the respective fields of each group that deals with both information and communication technologies.

 

Jean-Jacques KUSTER represented the EUR.