Strasbourg, 6th October 2020
CEPEJ-GT-QUAL(2020)13
EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ)
WORKING GROUP ON THE QUALITY OF JUSTICE (CEPEJ-GT-QUAL)
28th meeting (24 September 2020)
Report prepared by the Secretariat
Directorate General I - Human Rights and the Rule of Law
1. INTRODUCTION
1. The Working Group on the Quality of Justice (CEPEJ-GT-QUAL) of the European Commission for the Efficiency of Justice (CEPEJ) held its 28th meeting on 24 September 2020. Considering the sanitary situation, the meeting took place via videoconference.
2. The agenda and the list of participants are attached as Appendices I and II respectively to this report.
3. Arsenio DE OLIVEIRA was re-elected as chair of the CEPEJ-GT-QUAL for 2020 and 2021.
2. IMPLEMENTING THE EUROPEAN ETHICAL CHARTER ON THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL SYSTEMS AND THEIR ENVIRONNEMENT
4. Matthieu QUINIOU (France) presented the draft feasibility study for the possible introduction of a mechanism for certifying artificial intelligence tools and services on the basis of the Ethical Charter’s principles (CEPEJ-GT-QUAL(2020)7). The document presents the state of play regarding existing certification mechanisms and proposes several options for it to be set up within the CEPEJ. The question of certification of AI tools on the basis of the Charter was praised by members of the group as a very important way forward for the CEPEJ. It was however pointed out by the Secretariat that the impact on its functioning should be considered very carefully.
5. It was therefore decided that a smaller group composed of the scientific expert, the chair of CEPEJ-GT-QUAL and the Secretariat will prepare an action plan, that details the practical steps which should be conducted over the next few years and highlights the financial and human resources implications of the potential introduction of a certification mechanisms within the CEPEJ. This document should be presented, with the draft study, to the CEPEJ Plenary meeting which should then decide on the way forward. The Secretariat was instructed to establish contacts with the Committee of Ministers of the Council of Europe in due time.
3. THE CENTRALITY OF THE USER IN LEGAL PROCEEDINGS, PARTICULARY IN CIVIL MATTERS
6. Francesco DE SANTIS (Italy) and Valentin Retornaz (Switzerland) presented the draft study on placing the user at the center of judicial procedures in civil matters (CEPEJ-GT-QUAL(2020)8) that was developed through research and collection of information and best practices, via the network of pilot courts of the CEPEJ which received a questionnaire over the summer. The level of replies from the network was deemed satisfactory and the experts thanked the respondents for their participation.
7. The Group expressed its appreciation for the document and approved it subject to a few amendments. According to the calendar agreed between the Secretariat and the scientific experts, the revised and final version of the study will be presented to the CEPEJ Plenary in June 2021, together with draft guidelines on placing the users at the center of the proceedings, that will be developed by the scientific experts and discussed by the CEPEJ-GT-QUAL during its first 2021 meeting.
4. COMMUNICATE CLEARLY AND SIMPY WITH THE LITIGANT
8. Valerija Jelen KOSI (Slovenia) presented the draft study on “Communicate clearly and simply with the litigant, particularly in the drafting and communication phase of judicial decisions” (CEPEJ-GT-QUAL(2020)9), that was developed through research and collection of information and best practices, via the networks of pilot courts and national correspondents of the CEPEJ which received a questionnaire over the summer. The level of replies from the networks was deemed very satisfactory and the expert thanked the respondents for their participation.
9. The Group expressed its appreciation for the document and the scientific expert’s considerable work collecting and analysing the information. The expert was instructed to include replies that were received after sending the draft version of the study in order for the study to be as comprehensive as possible. This study could be published on the CEPEJ website, on the condition that respondents agree with the publication of their replies. The expert was also instructed to prepare a shorter document compiling the main best practices that, according to the calendar agreed between the Secretariat and the scientific expert, will be presented to the CEPEJ Plenary in June 2021 together with draft guidelines on clear and simple communication with the litigant, that will also be developed by the scientific expert, and discussed by the CEPEJ-GT-QUAL, during its first 2021 meeting. In addition, the Secretariat was instructed to prepare a letter, with the CEPEJ President’s signature, to thank all the respondents and ask them if they would agree to the publication of their replies on CEPJ website.
5. ENSURE GENDER DIVERSITY IN THE RECRUITMENT AND PROMOTION OF JUDGES
10. Tabeth Masengu presented a concept note and proposed methodology for the study “Ensuring diversity in the recruitment and promotion of judges” (CEPEJ-GT-QUAL(202011)), as well as a draft questionnaire (CEPEJ-GT-QUAL(2020)12) to be shared by the Secretariat with the network of pilot courts and national correspondents, to collect practical solutions and best practices adopted in member States in this field.
11. The Group expressed its appreciation for the documents, subject to amendments to the questionnaire, to be revised by the scientific expert and the Secretariat. It is notably pointed out that the issue of gender diversity should not be considered only from a woman’s point of view given that some judiciaries are mainly composed of women judges. The question of a glass ceiling preventing women to accede to higher positions should receive particular attention in the study, however.
6. IDENTIFICATION OF NEW WORKING SUBJECTS REGARDING MEDIATION
12. Maria OLIVEIRA (Portugal), member of the former group on mediation (CEPEJ-GT-MED) and scientific expert of CEPEJ-GT-QUAL, presented a concept note on possible work on mediation (CEPEJ-GT-QUAL(2020)10). During it previous meeting, CEPEJ-GT-QUAL discussed possible further activities in relation to awareness-raising/communication strategies on mediation, mediation on penal matters/restorative justice, and administrative mediation.
13. It was decided that work initiated by CEPEJ-GT-MED on awareness raising on mediation for various justice professionals – which already includes tools for judges, lawyers, notaries - should be complemented with a tool for bailiffs. In this regard, the Secretariat was instructed to establish contacts with the International Union of Judicial Officers (UIHJ), which stands ready to cooperate with CEPEJ-GT-QUAL for developing this tool. It was agreed that the scientific expert will work with a representative of UIHJ to develop a draft tool – on the model of existing ones for other professionals – to be discussed during the next CEPEJ-GT-QUAL meeting.
14. In addition, the Group decided to work on administrative mediation, a subject which has not received special attention so far. The Secretariat is instructed to find an expert who could develop a comparative study on what exists in Europe (France and Greece could be of particular interest), which could ultimately help in defining and developing a potential instrument on administrative mediation. The expert would work with Maria OLIVEIRA and Ioannis SYMEONIDIS (Greece) on this issue.
7. EXCHANGES OF VIEWS REGARDING TRAINING ON CEPEJ QUALITY TOOLS
15. The terms of reference for 2020 – 2021 of the CEPEJ-GT-QUAL provides for the development of training curricula concerning CEPEJ tools relevant for the quality of justice. The Secretariat explained that this could be useful to better disseminate the tools developed by the CEPEJ, including through cooperation projects both in capacity building activities for justice professionals, and in the work conducted with national training institutions. It was notably suggested to develop, on identified priorities, a general training curriculum that could be easily adapted to national needs and contexts. It was also pointed out that questions such as which quality tools should be in the focus of the training or who the primary target group(s) of the training should be, must be carefully considered before engaging in such a process.
16. Members of the Group enthusiastically welcomed the idea of developing training modules on CEPEJ-GT-QUAL tools, considering it an important step forward in their improved implementation. It was decided that priorities, notably regarding target groups and possible tools, should be identified by a smaller reflection group chaired by Merethe ECKHARDT (Denmark) and presented to the group at its first 2021 meeting.
8. JOINT MEETING AND EXCHANGE OF VIEWS WITH CEPEJ-GT-CYBERJUST
17. The CEPEJ-GT-QUAL held a joint meeting with the CEPEJ-GT-CYBERJUST in order to define precisely, in the light of their mandates, the respective competences and lines of work. Following the creation of the Group on Cyberjustice and Artificial Intelligence, it was indeed necessary to quickly clarify the situation insofar as, until 2019, the Working Group on Quality was competent in the field of cyberjustice and artificial intelligence.
18. It was thus confirmed that the CEPEJ-GT-QUAL remains competent for all tasks aimed at the dissemination of the European Ethical Charter for the use of artificial intelligence in judicial systems, or concerning a possible operationalisation/certification of the principles of the Charter. New tools using artificial intelligence or concerning e-justice would be prepared by the CEPEJ-GT-CYBERJUST. Therefore, the latter will be able to work on ODRs even if mediation, in general, remains one of the fields of action of the CEPEJ-GT-QUAL. Thus, the online mediation training modules are not considered to be in the field of e-justice.
19. The Secretariat reminded that, if in future a working theme is of interest to two Working Groups, it is always possible to organise joint work, and that in any case, all the work prepared by the Working Groups will eventually become "CEPEJ tools".
Appendix I : AGENDA
- Adoption of the agenda / Adoption de l’ordre du jour
- Election of the Chairman / Election du Président
- Implementing the European Ethical Charter on the use of artificial intelligence in judicial systems and their environment / Mise en œuvre la Charte éthique européenne sur l'utilisation de l'intelligence artificielle dans les systèmes judiciaires et leur environnement
- The centrality of the user in legal proceedings, particularly in civil matters / La centralité de l’usager dans les procédures judiciaires, notamment en matière civile
- Communicate clearly and simply with the litigant, particularly in the drafting and communication phase of judicial decisions, but also beforehand when drafting legislative instruments / Communiquer de manière claire et simple avec le justiciable, notamment dans la phase de rédaction et de communication des décisions judiciaires, mais aussi en amont lors de l’élaboration d’instruments législatifs
6. Ensure gender diversity in the recruitment and promotion of judges / Assurer la diversité des genres dans le recrutement et la promotion des juges
7.Identification of new working subjects regarding mediation/ Identification de nouveaux sujets de travail pour le Grope concernant la médiation
8. Exchanges of views regarding training on CEPEJ quality tools/ Echanges de vues sur la formation sur les outils CEPEJ qualité
9.Joint meeting and exchange of views with CEPEJ-GT-CYBERJUST /Réunion conjointe et échange de vues avec le CEPEJ-GT-CYBERJUST (to be held on 24/09, afternoon/se tiendra le 24/09, après-midi)
Appendix II : LIST OF PARTICIPANTS / LISTE DES PARTICIPANTS
MEMBERS / MEMBRES
Gilles ACCOMANDO, Président de la Cour d’Appel de Pau, Place de la Libération, 64000 Pau, FRANCE
Joao ARSENIO DE OLIVEIRA, Head of Department, International Affairs Department, Directorate-General for Justice Policy - Ministry of Justice, Av. D. Joao II, n° 1.08.01 E, Torre H, Pisos 2/3, 1990-097 Lisbon, PORTUGAL, (Chair of the GT-QUAL / Président du GT-QUAL)
Nino BAKAKURI, Judge, Supreme Court of Georgia, 32 Brothers Zubalashvili Street, 0110 Tbilisi, GEORGIA
Merethe ECKHARDT, Director of Development, The Danish Court Administration, Centre for Law, Training and Communication, St. Kongensgade 1-3, 1264 Copenhagen K, DENMARK
Anke EILERS, Presiding Judge of the Court of Appeal, Vorsitzende Richterin am Oberlandesgericht, 3. Zivilsenat, Oberlandesgericht Köln, Reichensperger Platz 1, 50670 Köln, GERMANY
Ioannis SYMEONIDIS, Judge, Court of Appeal, Professor at the Law School, University of Thessaloniki, 29, N.Foka, CP 546 21, Thessaloniki, GREECE
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SCIENTIFIC EXPERTS / EXPERTS SCIENTIFIQUES
Valentin RETORNAZ, Juge auprès du tribunal des districts d'Hérens et Conthey, SUISSE
Valerija JELEN-KOSI, Judge, Supreme Court, Ljubljana, SLOVENIA
Francesco DE SANTIS, Avocat, Professeur et chercheur, université Federico 2, Naples, ITALY
Matthieu QUINIOU, Avocat, Paris, France
Maria OLIVEIRA, Mediator, Portugal
Tabeth MASENGU, Dr of Laws and Dr of Philosophy, De Pinte, BELGIUM
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INVITED DELEGATIONS / DELEGATIONS INVTEES
EGYPT / EGYPTE
Mohamed Mahmoud RASLAN, Vice President of the Egyptian Council of State, CAIRO
Ahmed ABAZA, Judge, Egyptian Council of State, CAIRO
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OBSERVERS / OBSERVATEURS
EUROPEAN EXPERTISE AND EUROPEAN INSTITUTE (EEEI) / INSTITUT EUROPEEN DE L’EXPERTISE ET DE L’EXPERT (EEEI)
Alain NUEE, Président du comité d'Orientation, 38 rue de Villiers, 92300 LEVALLOIS, FRANCE
COUNCIL OF BARS AND LAW SOCIETIES OF EUROPE / CONSEIL DES BARREAUX EUROPÉENS(CCBE)
Stéphanie ALVEZ, CCBE Senior Legal Advisor
INTERNATIONAL UNION OF JUDICIAL OFFICERS / UNION INTERNATIONALE DES HUISSIERS DE JUSTICE ET OFFICIERS JUDICIAIRES (UIHJ)
Patrick GIELEN, Huissier de justice, Expert de l’UIHJ, UCCLE, Belgique
EUROPEAN UNION OF RECHTSPFLEGER, Jean-Jacques KUSTER, Président honoraire
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SECRETARIAT
DGI - Human Rights and Rule of Law, Division for the independence and efficiency of justice /
DGI - Droits de l’Homme et Etat de droit, Division pour l’indépendance et l’efficacité de la justice
E-mail: [email protected]
Clémence BOUQUEMONT Secretary of CEPEJ-GT-QUAL/ Secrétaire du CEPEJ-GT-QUAL, Tel: +33 (0)3 90 21 60 83, e-mail : [email protected]
Ruslan GREBENCEA, field officer, Council of Europe office in Chisinau (Republic of Moldova), e-mail: [email protected]
Jovana MATIC, project coordinator/ Coordinatrice de projet, e-mail: [email protected]
Ioana VOELKEL, Assistant / Assistante, Tél. +33 (0)3 88 41 24 94, e-mail: [email protected]