Digital challenges to justice in Europe

Conference organised in the framework of the French Presidency of the Committee of Ministers of the Council of Europe

Strasbourg, 14-15 October 2019

www.coe.int/digitaljustice  #DigitalJustice #FRPrezCDE  Français

 

Conference's main page

The Conference organised by France and with the theme “Digital Challenges for Justice in Europe”, builds on the Council of Europe’s work on justice, the information society, algorithms and artificial intelligence. In addition to such publications as the European Ethical Charter on the use of artificial intelligence in judicial systems and Guidelines on Artificial Intelligence and Data Protection, a high-level conference on the impacts of artificial intelligence on human rights, democracy and the rule of law organized by Finland in February 2019 generated many avenues for reflection, which this Conference proposes to pursue.

The digital space now has an important place in our democratic societies. Its developments and changes provide opportunities to improve the quality and efficacy of judicial institutions, but also generate new challenges. The fundamental principles of our justice systems, such as independence and impartiality of judges, but also the rule of law and the protection of fundamental freedoms, should be protected in this new digital space. The mechanisms guaranteeing them should be strengthened or even reinvented.

 Access to law and justice

is a fundamental element of the social pact and a requirement for all democratic societies, based on the rule of law. This requirement is mainly guaranteed by Article 6 (right to a fair trial) and Article 13 (right to an effective remedy) of the European Convention on Human Rights. The Member States of the Council of Europe must ensure that every individual has the right to refer a case to a court in order to have access to an effective remedy and if necessary, appropriate compensation.

In many Member States, digital tools already provide an opportunity to improve access to legal information, simplify referrals to courts, ensure better information regarding the parties involved in the case, improve the efficacy of justice systems and reduce the processing time of judicial proceedings. They are one of the best means for rendering high-quality justice as swiftly and cost-effectively as possible. These tools can also help provide better legal information and use of case law.

Even though non-digital access to law and justice, especially with regard to people in great difficulty, will always be essential, open data on court rulings and data processing tools using artificial intelligence can provide individuals and law professionals access to advanced research methods thereby improving information on court rulings. In addition, it will improve online services for professionals and citizens, including extra-jurisdictional or alternative methods for settling disputes including arbitration, reconciliation and mediation. A wide range of responses will enable parties to choose the most effective method for resolving their type of dispute without necessarily having to refer their case to court.

But these developments raise new questions regarding how, in this digital environment, to maintain the right to a remedy and effective access to a judge and oversight and how to ensure application of the rule of law, the equality of arms between litigants and appropriate rulings according to the characteristics of the offender. Other questions include how to ensure that digital solutions do not undermine basic rights, how to prevent the widening of the digital gap and how to protect litigants from profiling. It seems that a “digital justice offering”, particularly private, should be developed within a framework along with adequate guarantees so as to not completely change the mission it was assigned, but also to prevent any breach of the principles and values defended by the Council of Europe.

As regards criminal justice

these digital tools, including those using artificial intelligence, raise other issues. They offer new opportunities, which could improve efficacy and the quality of the judicial response. Although they provide law enforcement authorities with highly effective tools for investigation, particularly for cases involving organized crime, terrorism, money laundering and child pornography, they must be implemented under a strict framework that respects basic rights and in which judicial authority is ensured.

It is also important to keep in mind that these tools and technologies, which are constantly changing, can be used as vehicles for committing new types of offences and for spreading illegal content, in particular hate speech. They expose our societies to the spread of fake news and malicious information, which could affect our democratic processes, especially during election periods.

Therefore, a hasty, badly informed or unbridled use of these digital tools seems to threaten the effectiveness of the laws enshrined in the European Convention on Human Rights, such as the right to a fair trial (Article 6), the right to respect for private and family life (Article 8), including personal data protection, the right to the freedom of expression and information (Article 10) and the prohibition of discrimination (Article 14).

At the Conference of Ministers of Justice, Member States will be able to share their experiences on how the justice system in Europe can tackle digital challenges while protecting the rule of law, democracy and human rights. It will also be an opportunity to outline possibilities for future Council of Europe work so that it can adapt its working methods to a society that has already entered the digital age, particularly via new regulatory procedures, in accordance with our common principles and values, and ensure better implementation of its instruments.