Digital evidence
The Internet and new technologies have an impact on rules of evidence and modes of proof before the courts. A comparative study on this issue (primarily in areas of civil and administrative law proceedings) was undertaken.
As a follow-up action to the study, the CDCJ has prepared draft guidelines aiming at providing practical guidance for the handling of electronic evidence in civil and administrative proceedings to courts and other competent authorities with adjudicative functions; professionals, including legal practitioners; and parties to proceedings. CDCJ approved the text at its 93rd plenary meeting (14-16 November 2018) before submitting it to the Committee of Ministers for adoption. The guidelines on electronic evidence in civil and administrative proceedings were adopted on 30 January 2019.
Now the CDCJ is working to raise awareness of these guidelines and support their implementation in member States.
Guidelines on electronic evidence in civil and administrative proceedings
- Guidelines of the Committee of Ministers of the Council of Europe on electronic evidence in civil and administrative proceedings (Council of Europe Committee of Ministers website)
- and their Explanatory Memorandum
- Publication: Electronic Evidence in Civil and Administrative Proceedings
Unofficial translation into Polish and into Russian
Background documents
Guidelines on electronic evidence in civil and administrative proceedings
COVID-19 and Electronic Evidence
In the context of Covid-19, electronic evidence has become increasingly important and makes the Council of Europe Guidelines on electronic evidence in civil and administrative proceedings (2019), particularly relevant for national courts when, more than ever, it is necessary to have the use of...
Supporting the civil justice reforms – strengthening the judicial system in the Republic of Belarus” under the “European Union/Council of Europe Partnership for Good Governance
Electronic Evidence and Opinion No. 19
The Project “Supporting the civil justice reforms – strengthening the judicial system (2019-2020)” in Belarus sponsored the translation into Russian of the Council of Europe “Guidelines on Electronic Evidence in Civil and Administrative Proceedings", prepared by the European Committee on Legal...
Discussions at CEELI Institute deal with issues addressed by Council of Europe guidelines on electronic evidence
The CEELI Institute, in Prague, launched a four-part webinar discussion series as part of its program with the Central and Eastern European Judicial Exchange Network in April 2020. The first of these series which focuses on "Videoconferencing in Support of Remote Access to Courts" took place in...
NEW PUBLICATION
Guidelines on electronic evidence
Council of Europe Guidelines on electronic evidence in civil and administrative proceedings Council of Europe Publishing has just published, bringing together in a single document, the Council of Europe Guidelines on electronic evidence in civil and administrative proceedings, adopted on 30...
European Committee on Legal Co-operation (CDCJ)
Committee of Ministers adopts guidelines on electronic evidence in civil and administrative proceedings
The Committee of Ministers has adopted guidelines to facilitate the use of electronic evidence in court proceedings. These guidelines are the first such international instrument. Their primary purpose is to help the 47 member states adapt the operation of their judicial and other...
Supporting the civil justice reforms – strengthening the judicial system in the Republic of Belarus
Seminar on electronic evidence
Thirty judges of the Supreme Court of Belarus participated in a seminar on electronic evidence in Minsk (Belarus) on 13 December 2019. Council of Europe standards on electronic evidence as well as law and practice relating to electronic evidence in Lithuania, France and the United Kingdom were...