Préuves numériques

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.

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NEW PUBLICATION

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 January 2019, and their explanatory memorandum.

These guidelines constitute the first international instrument in this field, designed to serve as a practical tool. They deal with oral evidence taken by a remote link; the use of electronic evidence; collection, seizure and transmission of evidence; relevance; reliability; storage and preservation; archiving; awareness-raising; the review of relevant technical standards; and training and education.

January 2019
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