A 1,5 day thematic seminar on Judges Upholding the Rule of Law was held on 17 and 18 December 2024 for judges and prosecutors from 13 EU member states. Held at the premises of the Council of Europe in Strasbourg, the event is part of the EU-CoE project "Judicial Training on Rule of Law and Fundamental Rights", funded under the European Union Justice Programme (2021-2027).
The seminar underlined the paramount importance of judicial independence in upholding the rule of law and served as a dynamic platform for participants to engage in meaningful discussions, exchange ideas, and deepen their understanding of the multifaceted dimensions of principles applicable to the judiciary.
The seminar was moderated by Paul Blanchard, HELP project coordinator. After a warm welcome by Ana-Maria Telbis, Head of the Justice and Human Rights Training Division of the Council of Europe, thematic sessions began on key aspects related to judicial independence, impartiality and the relationship with technologies and social media.
Judge Raffaele Sabato of the European Court of Human Rights delivered an inspiring presentation on the CoE standards applicable to judges upholding the rule of law, within the context of his personal experience. He notably shed light on the historical efforts made to ensure that the rule of law is preserved and emphasized on the pivotal role of judges in maintaining a just and democratic society.
Ingrid Derveaux, Secretary General of the European Judicial Training Network (EJTN), provided valuable insights into the impact of training programmes on the preservation of judicial independence. Ms Derveaux explored the challenges and opportunities in the field of judicial training and highlighted its impact on the overall integrity of the judicial system, presenting also the EJTN action and projects.
Goran Selanec, Judge at the Constitutional Court of Croatia, provided participants with invaluable thoughts on unconscious bias in judicial reasoning, pointing out how those can affect judicial impartiality and harm judicial duties. He demonstrated the power of implicit bias and unconscious associations and the incremental impact they can have on judicial reasoning, the right to a fair trial and ethical duty.
Daniel Schmidt of the European Commission for the Efficiency of Justice (CEPEJ) introduced the CEPEJ’s work on Justice and Artificial Intelligence (AI), open data and digital tools. He presented the current use of technologies in justice proceedings, underlining that so far domain specific narrow AI tools are bearing the best results for justice. He also identified the main risks in the use of AI tools, and how judges must take an active role in ensuring their proper use.
Participants also attended the Grand Chamber hearing in Danilet v. Romania (no. 16915/21), a case concerning the disciplinary sanction applied to a judge for two Facebook posts. To conclude the event, John Darcy, Senior Legal Adviser at the Grand Chamber Registry of the European Court of Human Rights, discussed with the participants the procedures governing access to the ECtHR Grand Chamber.
During the seminar, the HELP-EJTN course on Judges Upholding the Rule of Law was launched in tutored format. The course was born from the commitment of the Council of Europe and the EJTN to share with a broader audience the expertise, insights, and outcomes from the EJTN 2023 judges@europe forum. This course aims at promoting and enhancing the dialogue among judges on the rule of law and the development of a common judicial culture in Europe. Under the guidance of judges and HELP tutors Gianluca Grasso and Evgenia Papadopoulou, , participants were introduced to the course content, page, different modules and assignments. They will now go through the course online. The HELP tutors also led a workshop on the use of social media by the judiciary.
The HELP/EJTN course on Judges Upholding the Rule of Law
The rule of law is a fundamental value in the European Union (EU) and the Council of Europe (CoE) and judges are crucial in upholding it both at the national level and across the continent. To foster a common judicial culture, promote judicial independence, and ensure the efficient and ethical administration of justice, it is vital to enhance dialogue and shared understanding among European judges.
Building upon the 2021 Council of the EU Conclusions "Boosting Training of Justice Professionals", the European Commission entrusted the European Judicial Training Network (EJTN) with organising a forum to foster dialogue among judges, facilitating exchanges on topics related to the rule of law as well as the integrity, accountability, and independence of the judiciary. The first such forum took place in 2022, being followed by the EJTN 2023 judges@europe forum.
This 2023 forum, hosted by the Siracusa International Institute for Criminal Justice and Human Rights, gathered more than 80 judges and experts from key institutions, bodies and associations at the EU level. The diverse sessions and workshops focused on the good administration of justice from three different angles, all of which relate to the rule of law: accountability through disciplinary and liability regimes; accountability through performance and performance control; and accountability through transparency.
The course strengthens the shared understanding of key aspects of the rule of law and judicial independence as well as the good administration of justice and increased demand for judges’ accountability in the digital era.
This HELP course was developed in 2024 by the Human Rights Education for Legal Professionals (HELP) Programme of the Council of Europe, in close cooperation with the European Judicial Training Network (EJTN). Elaborated using the HELP methodology, the course explores different topics in a practical way by using presentations, interactive screens, knowledge tests and reflective exercises, enabling the users to apply the gained knowledge and skills.
