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Strasbourg, 1st July 2020

CEPEJ-GT-QUAL(2020)6

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ)

WORKING GROUP ON THE QUALITY OF JUSTICE (CEPEJ-GT-QUAL)

27th meeting (Strasbourg, 18 June 2020)

MEETING REPORT

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 27th meeting on 18 June 2020. Considering the sanitary situation and the fact that the meeting took place via videoconference, election of the new chair of CEPEJ-GT-QUAL was postponed to a future meeting. The meeting was chaired by João Arsenio DE OLIVEIRA (Portugal).

2.   The agenda and the list of participants are attached as Appendices I and II respectively to this report.

2. IMPLEMENTING THE EUROPEAN ETHICAL CHARTER ON THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL SYSTEMS AND THEIR ENVIRONNEMENT

A) Operationalization of the Charter principles

3. The document “Guidelines for the implementation of the CEPEJ AI charter as applied to Judicial Decision Modeling Technologies” (CEPEJ-GT-QUAL(2020)4), developed jointly by the IEEE and CEPEJ experts was discussed and approved.

4. The Working Group members expressed their appreciation for these Guidelines, which they consider as an important, new and innovative work that could constitute a relevant follow-up to the Charter. In the meantime, they raised risks and challenges of the implementation of such guidelines, which implies an intense follow-up and need of training as the subject is continuously evolving and at high pace. It was also raised that the guidelines cover only one type of legal applications concerned by AI developments and would therefore need to be replicate to cover other types, such as legal research. The fact that several organisations, including the EU, are currently working on related matters was also discussed. It was therefore decided to keep this document on hold until a clear approach on the issue of certification is adopted.

B) Certification of the AI solutions – Feasibility study

5. Mr Matthieu QUINIOU (France) presented a preliminary working paper on the feasibility study for the possible introduction of a mechanism for certifying artificial intelligence tools and services (CEPEJ-GT-QUAL(2020)3). This document lays the groundwork for initial discussion on the challenges, opportunities and risks of a certification mechanism for the use of artificial intelligence in the judicial sphere that should necessarily be drawn up on the basis of the CEPEJ Ethical Charter and cover the ethical aspects and guarantees in terms of fundamental rights.

6. The document proposes to present a typology of existing certification mechanisms and labels and to discuss the risks and opportunities entailed in certification by the CEPEJ, including the objectives it would pursue as well as its institutional and moral responsibility in this case. It also highlights the constantly evolving nature of AI which necessitates continuous certification monitoring. The feasibility study will also tackle the issues that the several categories of AI in the sphere of justice are sufficiently different in terms of purpose and in the use made of AI and that some fields of law are particularly sensitive that it might be necessary to envisage either to certify only one category of those uses or to establish several sub-categories of certification with differentiated procedures and criteria.

7. Guidance on the content of the feasibility study was given by the working group to the scientific expert concerning notably the need to strengthen the parts on algorithmic/predictive justice and indicators and limit the developments envisaged around accountability.

3. THE CENTRALITY OF THE USER IN LEGAL PROCEEDINGS, PARTICULARY IN CIVIL MATTERS

8. Mr Francesco DE SANTIS (Italy) and Mr Valentin Retornaz (Switzerland) presented a preliminary working document on the issue of placing the user at the center of judicial procedures in civil matters (CEPEJ-GT-QUAL(2020)2).

9. According to the members of the Working Group, this document attempts to be practical for professional users as for other users and should put a focus on the aim to reinforce public trust in the judiciary. In this regard it was agreed that more theoretical parts of the document, such as chapter 3 (Promoting user access to justice) should be deleted. In parallel, a questionnaire to collect practical solutions and best practices through the network of pilot courts will be prepared by the scientific experts and disseminated by the Secretariat.

4. COMMUNICATE CLEARLY AND SIMPY WITH THE LITIGANT

10. Mrs Valerija Jelen KOSI (Slovenia) presented a detailed plan of the study “Communicate clearly and simply with the litigant, particularly in the drafting and communication phase of judicial decisions” (CEPEJ-GT-QUAL(2019)7), as well as a draft questionnaire (CEPEJ-GT-QUAL(2020)1) 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 a few amendments to the questionnaire, to be revised by the scientific expert and shared with the Secretariat within the best delays.

5. OTHER BUSINESS

a) CEPEJ-Working Groups 2020-2021 terms of reference

12. The Chair reminded that a new CEPEJ working group on cyberjustice (CEPEJ-CYBERJUST) was constituted in the framework of its terms of reference 2020-2021. The distribution of tasks between the two groups will be discussed during a joint meeting to be organized in principle during the next CEPEJ-GT-QUAL meeting (24-25 September 2020). It was reminded that the CEPEJ-GT-QUAL would be responsible for all issues relating to implementation of the CEPEJ AI Charter, while other issues related to AI would fall within CEPEJ-CYBERJUST’s tasks.

b) Mediation

13. Mrs. Maria OLIVEIRA (Portugal), member of the former group on mediation (CEPEJ-GT-MED), presented the recent work of the CEPEJ concerning mediation, in particular the adoption of concrete and practical tools to support the development of mediation.

14. The Chair reminded that the intention of CEPEJ-GT-QUAL is to carry out the possible future work on mediation. Awareness-raising/communication strategy on mediation, mediation on penal matters/restorative justice, administrative mediation were discussed as possible further activities in this area.

15. It was agreed to ask Mrs Oliveira to prepare a short concept note on the subjects that could be developed by the group, with a particular focus on administrative mediation, for further discussion during the next CEPEJ-GT-QUAL meeting.

6. PRESENTATION OF THE FUTURE FRENCH NATIONAL COURT ON PAYMENT ORDERS

16. The CEPEJ-GT-QUAL meeting was followed by a presentation, by the President of the Court of Strasbourg (Tribunal Judiciaire), Mr. Thierry GHERA, and Mrs CALVEZ from the French Ministry of Justice, of the future French national Courton payment orders. Members of CEPEJ-GT-CYBERJUST participated in this event.

17. Members of the CEPEJ working Groups are invited to share similar experiences, lessons learnt and best practices of such courts on dematerialised treatment of payments orders via the CEPEJ collaborative workspace.


Appendix I : AGENDA

  1. Implementing the European Ethical Charter on the use of artificial intelligence in judicial systems and their environment

*                   Operationalisation of the Charter principles

*       Possible establishment of a mechanism to certify AI solutions

  1. The centrality of the user in legal proceedings, particularly in civil matters

  1. Communicate clearly and simply with the litigant, particularly in the drafting and communication phase of judicial decisions, but also beforehand when drafting legislative instruments

  1. Other business

  1. Exchange of views concerning the terms of reference 2020-2021 of CEPEJ-GT QUAL /

  1. Identification of new working subjects for the Group, in particular regarding mediation and training

***

The meeting will be followed by a presentation by the President of Strasbourg Tribunal Judiciaire,    M. Thierry Ghera, and exchange of views on the new French national court for the dematerialized treatment of payment orders (5 pm- 6 pm) – with participation of members of CEPEJ-GT-CYBERJUST


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, Apologised / Excusée

Ioannis SYMEONIDIS, Judge, Court of Appeal, Professor at the Law School, University of Thessaloniki, 29, N.Foka, CP 546 21, Thessaloniki, GREECE

***

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

***

INVITED DELEGATIONS / DELEGATIONS INVTEES

GEORGIA / GEORGIE

Aleksandre TSULADZE, High Council of Justice, TBILISI

LATVIA/LETTONIE

Svetlana BEĻAJEVA, Judge, Riga Regional Court

Anna SKRJABINA, representative of Court Administration

REPUBLIC OF MOLDOVA / REPUBLIQUE DE MOLDOVA

Victoria PALANCIUC, Director, Court Administration Agency

Alexandru VOLOSIN, Interim Director, Court Administration Agency

Lucia NEGURA, internal court auditor, Court Administration Agency

Lilia RUSU, Ministry of Justice, Chief of the Monitoring and Policy Department

Tudor MORARI

Liuba NEGURA

***

OBSERVERS / OBSERVATEURS

EUROPEAN EXPERTISE AND EUROPEAN INSTITUTE (EEEI) / INSTITUT EUROPEEN DE L’EXPERTISE ET DE L’EXPERT (EEEI)

Raymond LEMAIRE, Président, Institut européen de l’Expertise et de l’Expert, 38 rue de Villiers, 92300 Levallois, FRANCE

Eric PARIZE

COUNCIL OF BARS AND LAW SOCIETIES OF EUROPE / CONSEIL DES BARREAUX EUROPÉENS(CCBE) 

Simone CUOMO, CCBE Senior Legal Advisor

INTERNATIONAL UNION OF JUDICIAL OFFICERS / UNION INTERNATIONALE DES HUISSIERS DE JUSTICE ET OFFICIERS JUDICIAIRES (UIHJ)

Mathieu CHARDON

Patrick GIELEN, Huissier de justice, Expert de l’UIHJ, UCCLE, BELGIUM

***

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]

Hanne JUNCHER, Head of Justice and Legal Co-operation Department / Chef du service de la coopération judiciaire et juridique, Tel: +33 3 88 41 24 37, e-mail: [email protected]

Muriel DECOT, Secretary of the CEPEJ / Secrétaire de la CEPEJ, Tél: +33 (0)3 90 21 44 55, 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]

Jovanna MATIC

Moritz TAYLOR

Iulia DRAGOTA, Trainee / Stagiaire

Ioana VOELKEL, Assistant / Assistante, Tél. +33 (0)3 88 41 24 94, e-mail: [email protected]


THE NEW FRENCH NATIONAL COURT FOR THE DEMATERIALIZED TREATMENT OF PAYMENT ORDERS

presentation by the President of Strasbourg Tribunal Judiciaire, M. Thierry Ghera

Video-conference

18 June 2020 - 17h00 – 18h00

Members CEPEJ-GT-QUAL

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

Ioannis SYMEONIDIS, Judge, Court of Appeal, Professor at the Law School, University of Thessaloniki, 29, N.Foka, CP 546 21, Thessaloniki, GREECE

Experts CEPEJ-GT-QUAL

Valerija JELEN-KOSI, Judge, Supreme Court, Ljubljana, SLOVENIA

Maria OLIVEIRA, Mediator, PORTUGAL

Members CEPEJ-CYBERJUST

Pedro ALMEIDA, Legal Adviser, European Affairs Coordination Unit, Directorate-General for Justice Policy, Ministry of Justice, Lisbon, PORTUGAL

Adis HODZIC, Senior Advisor for Statistics, Secretariat of the High Judicial and Prosecutorial Council of Bosnia and Herzegovina, Sarajevo, BOSNIA AND HERZGOVINA

Dusan KUZMANOVIC, Personal Data Protection Officer, Ministry of Justice, Belgrade, SERBIA

Experts CEPEJ-CYBERJUST

Bojan MURSEC, Director, Center for Informatics, Supreme Court, SLOVENIA

Ruslan MIRZAYEV (on Mediation and ADR), Mediator at the Office of Compliance Advisor Ombudsman of the World Bank Group and Partner, Adrem Attorneys Law Firm, AZERBAIJAN

Martin HACKL, Chief Digital Officer at the Austrian Federal Ministry of Constitutional Affairs, Reforms, Deregulation and Justice, AUSTRIA

OBSERVERS

Simone CUOMO, CCBE Senior Legal Advisor

Mathieu CHARDON, UIHJ

Patrick GIELEN, Huissier de justice, Expert de l’UIHJ, UCCLE, BELGIUM