Strasbourg, 20 April 2020

CEPEJ-GT-QUAL(2021)8

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ)

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

29th meeting (15 February 2021)

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 29^th meeting on 15 February 2021. Considering the sanitary situation, the meeting took place via videoconference. The meeting was chaired by its chair, Joao 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

3. The CEPEJ-GT-QUAL discussed the possible actions to ensure implementation of the Charter on the use of artificial intelligence in judicial systems and their environment, as presented in the document CEPEJ-GT-QUAL(2019)1Rev:

(i) a wider dissemination of the Charter through translations, trainings etc.,

(ii) operationalization of the Charter with development of technical guidelines for AI developers to serve as guidance for (self)-evaluation either at the stage of development of their solutions or during implementation,

(iii) possible establishment of a mechanism to certify the solutions which are compliant with the Charter’s principles.

4. The working Group considered that the two first courses of action were useful to better disseminate the charter but not sufficient to ensure its practical implementation by the private and public sectors. Therefore, it was decided to concentrate CEPEJ’s action at this stage on the third course of action.

5. During its plenary meeting in December 2020, the CEPEJ Plenary had adopted the 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). As instructed regarding the development of a roadmap for the setting up of such a mechanism, the Working Group decided on a step by step approach starting with the setting-up of a labelling process based on criteria that can easily be analysed on the basis of the interface or statements and reports requested from the project owner and implying limited human and financial resources (option # 1 of CEPEJ-GT-QUAL(2020)15 which presents roll-out options for the possible introduction of a mechanism for certifying artificial intelligence tools and services in the sphere of justice and the judiciary). Depending on the results obtained after a trial period, this could evolve towards setting up of option # 2, namely advanced certification which combines all the criteria for labelling with more complex criteria. This certification would be more onerous for companies and for the CoE in terms of its institutional implementation and would require additional technical human resources (standardisation and IT engineers).

6. It was decided that a smaller group composed of the scientific expert, Matthieu QUINIOU (France), the chair of CEPEJ-GT-QUAL and the Secretariat would prepare a road map on the approach proposed by the CEPEJ-GT-QUAL. The roadmap would have to present, for the proposed approach:

(i)             the practical steps to be carried out in the coming months,

(ii)            the financial and human resources implications of the possible introduction of this mechanism for the CEPEJ and the Council of Europe,

(iii)           the strategic and political stages (consultation of member states, possible revision of the Committee of Ministers Resolution establishing the CEPEJ, contacts with possible partner institutions),

(iv)          (iv) the operational and technical implementation elements necessary at this stage (definition of criteria for labelling, procedure and expertise necessary for the verification of these criteria, etc.).

The roadmap should be presented at the June 2021 CEPEJ Plenary meeting.

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

7. Francesco DE SANTIS (Italy) presented the draft guidelines on placing the user at the center of judicial procedures in civil matters (Document CEPEJ-GT-QUAL(2021)2) developed on the basis of a comparative study (Document CEPEJ-GT-QUAL(2020)8).

8. The Group expressed its appreciation for the document and approved it subject to a few amendments. The draft guidelines, with the study could be presented to the CEPEJ during its next plenary meeting in June 2021.  

4. COMMUNICATE CLEARLY AND SIMPY WITH THE LITIGANT

9. Valerija Jelen KOSI (Slovenia) presented the draft guidelines on “Communicate clearly and simply with the litigant, particularly in the drafting and communication phase of judicial decisions” (Document CEPEJ-GT-QUAL(2021)1), that were developed on the basis of the previously approved and abridged comparative study (Document CEPEJ-GT-QUAL(2020)9).

10. The Working Group expressed its appreciation for the document and approved it subject to a few amendments. It was agreed that the study should be sent by the Secretariat to the respondents of the questionnaire sent in 2020 (national correspondents and network of pilot courts) to allow them to verify the references made to their member States’ system and agree on the publication of the study. The draft guidelines, with the potentially revised comparative study, could be presented to the CEPEJ during its next plenary meeting in June 2021.

11. In addition, the working group discussed the Secretariat’s proposal to combine both documents on centrality of users and simplification of communication in order to present to the CEPEJ plenary a comprehensive document that will be composed of the comparative studies and guidelines on each topic. The document would present a clear focus on “better integration of the user in the judicial systems” and allow to further strengthen the CEPEJ’s continuous approach to support judicial systems in better taking into account and respecting their users. The proposal was approved by the working group.

5. ENSURE GENDER DIVERSITY IN THE RECRUITMENT AND PROMOTION OF JUDGES

12. Tabeth MASENGU (South Africa) presented the draft comparative study on “Ensuring diversity in the recruitment and promotion of judges” (Document CEPEJ-GT-QUAL(2021)4), developed on the basis of replies to a questionnaire sent to the network of pilot courts and selected national correspondents, to collect practical solutions and best practices adopted in member States in this field.

13. The Working group expressed its appreciation for the document, which combines both replies to the questionnaire and academic research and presents some interesting conclusions. The expert is instructed to develop guidelines on this basis, to be presented to the CEPEJ-GT-QUAL during its next meeting in October 2021. The guidelines should be general and deal with the main problems, such as how to increase women legitimacy, how to put women in higher places and to crack the glass ceiling, how to make lower judicial positions more attractive to men, how to ensure a better balance between professional and personal life, are positive actions needed, etc. The importance of keeping disaggregated data on this matter was also recalled.

6.  MEDIATION: AWARENESS RAISING TOOL FOR BAILIFFS

14. M. Patrick GIELEN (Belgium, member of the International Union of Judicial Officers (UIHJ)) and Ms Maria OLIVEIRA DE CONCEICAO (Portugal and CEPEJ-GT-QUAL’ expert on mediation) presented a draft awareness raising tool for bailiffs (Document CEPEJ-GT-QUAL(2021)7) which is supposed to complement the work initiated by CEPEJ-GT-MED on awareness raising on mediation for various justice professionals and already includes tools for judges, lawyers, notaries.

15. The Working Group expressed its appreciation for the document, for which possible amendments should be approved by written procedure, in order to be presented to the CEPEJ during its next plenary meeting in June 2021. The UIHJ was thanked for his continuous implication in CEPEJ’s work.  It is also recalled that a similar tool for court staff could be useful in this regard and the representative of the European Union of Rechtspfleger (EUR)was asked to examine if a contribution would be possible.

7. EXCHANGES OF VIEWS REGARDING TRAINING ON CEPEJ QUALITY TOOLS

16. During its last meeting, members of the Group had welcomed the idea of developing training modules on CEPEJ-GT-QUAL tools, as an important step forward in their improved implementation. A concept note (Document CEPEJ-GT-QUAL(2021)6) was developed by the Secretariat following discussions with Merethe ECKHARDT (Denmark) and Joao Arsenio DE OLIVEIRA (Portugal), which was discussed during the meeting.

17. The list of CEPEJ-GT-QUAL tools proposed in the concept note to be considered as priority for this exercise was consequently revised. The importance of training of trainers, as well as of using online platforms for better dissemination of this kind of training, such as the one proposed by the CoE’s HELP, were recalled. The Secretariat was therefore instructed to get in touch with the HELP’s team to discuss what kind of cooperation could be put in place in this regard.

8. ANY OTHER BUSINESS

18. It was agreed that a discussion of new topics of work for CEPEJ-GT-QUAL in 2022 would take place during the next meeting and members were invited to start thinking about this. In a very preliminary discussion, topics in relation to communication of courts when dealing with minors and when using social networks were already proposed.

Appendix I : AGENDA

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

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

LATVIA/LETTONIE

Karmena JURDZE, Court Administration

REPUBLIC OF MOLDOVA / REPUBLIQUE DE MOLDOVA

Alexandru VOLOSIN, Agency for Courts Administration

Tatiana FRUNZA

SLOVAK REPUBLIC / REPUBLIQUE SLOVAQUIE

Zuzana SCHURER PIOVARČIOVÁ, Adviser of the Analytical Unit, Ministry of Justice, BRATISLAVA

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OBSERVERS / OBSERVATEURS

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

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]

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]

Jovana MATIC, Administrator / Administratrice, e-mail: [email protected]

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