Conference of Ministers of Justice
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
This Conference of Ministers of Justice 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.
Concept note
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.
Concept note
Family photo
Programme and Documents
Speeches (opening)
Documents
Council of Europe's Contribution
The Council of Europe is the largest pan-European human rights organisation. The principles laid down in the European Convention on Human Rights, in particular in Article 6, which enshrines the right to a fair trial, are common reference standards for the judicial systems of the 47 Member States. The various bodies and sectors of the Council have been committed, from the very beginning of the digital transformation of justice, to ensuring that it is carried out in accordance with the Convention and that information technology is used as a lever to improve the efficiency and quality of justice. The adoption of this technology is now a reality in all European judicial systems.
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Council of Europe's relevant texts adopted
Justice and digital technologies
- CEPEJ Toolkit for the implementation of the Guidelines on Cyberjustice (2019)
- Guidelines of the Committee of Ministers of the Council of Europe on electronic evidence in civil and administrative proceedings (CM(2018)169-add1 final) (2019)
- CEPEJ report "European judicial systems - Efficiency and quality of justice" and in particular its chapter 4.2 on the state of development of information technologies in European judicial systems (Edition 2018)
- CEPEJ Guidelines on how to drive change towards Cyberjustice (2016)
- CEPEJ Study N°24 on the use of information technologies in courts in European courts (2016)
- CCJE Opinion No 14 on justice and information technologies (IT) (2011)
- Recommendation Rec(2003)15 on archiving of electronic documents in the legal sector
- Recommendation Rec(2003)14 on the interoperability of information systems in the justice sector
Acces to law and justice
Data processing and human rights
- CDMSI study on the human rights dimensions of automated data processing techniques (in particular algorithms) and possible regulatory implications (2016)
- CDMSI study on the implications of advanced digital technologies (including AI systems) for the concept of accountability within a human rights framework (2019)
- T-PD Guidelines on AI and Data Protection and on the Protection of Individuals with regard to the Processing of Personal Data in a World of Big Data (2019)
Use of AI by judicial systems
- CEPEJ European Ethical Charter for the use of artificial intelligence in the judicial systems and their environment (2018)
- Technical study of the CDCJ on online dispute resolution mechanisms in relation to Articles 6 and 13 of the European Convention on Human Rights (ECHR); draft guidelines on the compatibility of these mechanisms with Article 6 and 13 of the ECHR will be prepared
Impact of digital technologies on criminal law
- Recommendation CM/Rec(2018)7 of the Committee of Ministers to member States
on Guidelines to respect, protect and fulfil the rights of the child in the digital environment - Convention on the protection of children against explotation and sexual abuse (CETS 201)(2007), commonly referred to as the “Lanzarote Convention”
- Convention on Cybercrime (CETS 185) (2001), commonly referred to as the “Budapest Convention” and its Protocol concerning the criminalisation of acts of a racist and xenophobic nature committed through computer systems (CETS 189) (2003);
- Second Additional Protocol (CETS 182) (2001) to the European Convention on Mutual Assistance in Criminal Matters (ETS 030)
