10 January 2022

CEPEJ-GT-QUAL(2021)12

EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE (CEPEJ)

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

30th meeting, 11 – 12 October 2021 (Strasbourg and online)

MEETING REPORT

Report prepared by the Secretariat

Directorate General I - Human Rights and the Rule of Law


1.     OPENING OF THE MEETING AND ADOPTION OF THE AGENDA

1. The Working Group on the Quality of Justice (CEPEJ-GT-QUAL) of the European Commission for the Efficiency of Justice (CEPEJ) held its 30th meeting in Strasbourg and online on 11 and 12 October 2021. The meeting was chaired by João Arsenio DE OLIVEIRA (Portugal).

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

2. ENSURING GENDER EQUALITY IN THE RECRUITMENT AND PROMOTION OF JUDGES

3.   Based on a comparative study[1], the draft guidelines on gender equality in the recruitment and promotion of judges prepared by Ms Tabeth Masengu (Belgium) were discussed. The Working Group noted the good progress, however it considered that the current version should be further worked out in order to contain more concrete proposals concerning the issues common to the majority of the Member States. After discussion with the expert who had not the possibility to react due to technical problems, the draft guidelines would be further discussed at the next working group meeting.

3. HELP online training module concerning CEPEJ work

4.   The HELP Programme (Human Rights Education for Legal Professionals) of the Council of Europe was presented by Ms Ana Medarska (CoE). It would be possible to develop a specific quality relevant module in the framework of a more comprehensive course on efficiency and quality of justice presenting the work of the CEPEJ, with the objective to familiarise judicial professionals with CEPEJ tools. The development of the online course would take 12 months, starting end 2021. Mr Gilles Accomando (France) would represent the working group in the development.

4. FEEDBACK ON JUDICIAL MAP REFORM AT NATIONAL LEVEL

 

5.   Ms Zuzana Schürer Piovarčiová and Mr Martin Valentovič (Slovak Republik) presented the on-going reform on judicial map of the Ministry of Justice of the Slovak Republic. The reform aims at a more efficient allocation of judicial districts, while ensuring quality of justice through the sufficient availability of specialised judges and accessibility by the court users.

6.   Support was provided by CEPEJ experts to the Slovak authorities, on the basis of the CEPEJ Evaluation of Judicial Systems (2016-2018 cycle) and the “Revised Guidelines on the Creation of Judicial Maps”[2] . The reform of the judicial map has not been finalised yet in Slovak Republic.

 

5. AI – IMPLEMENTATION OF THE EUROPEAN ETHICAL CHARTER ON THE USE OF ARTIFICIAL INTELLIGENCE IN JUDICIAL SYSTEMS AND THEIR ENVIRONMENT

7.   As decided at the last CEPEJ plenary meeting in June 2021, a new proposal concerning the follow-up to the European Ethical Charter on the use of Artificial Intelligence in judicial systems and their environment (the Charter) was discussed by the Working Group (document “AI – Labelling – Revised roadmap Ensuring the application and follow-up of the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment”[3]). This document replaces the Road map for the possible introduction of a mechanism for certifying artificial intelligence tools and services in the sphere of justice and the judiciary.[4]

8.   The working group agreed that the Charter should be promoted through five key actions to be developed/implemented : (1) a detailed operationalisation of the principles of the Charter, based on a first document of Guidelines for the implementation of the CEPEJ AI charter as applied to Judicial Decision Modeling Technologies which was developed jointly by the IEEE and CEPEJ experts and approved by the CEPEJ-GT-QUAL[5], (2) if appropriate, the launching of  a pilot project based on the operationalisation of the principles of the Charter, (3) the creation of a “CEPEJ Artificial Intelligence Advisory Board” providing expertise to the CEPEJ on the matter, (4) an identification and listing of existing artificial intelligence applications in the judicial environment, accessible through a Resource Center on AI, which could be, at a later stage, developed to include also Cyberjustice tools, and finally (5) increased awareness raising and training on the Charter’s application.

6. FUTURE WORK OF THE CEPEJ-GT-QUAL (2022-2023)

9.   The working group discussed potential topics for the forthcoming period 2022-2023 and agreed to propose the following to the CEPEJ:

(1) develop and implement a comprehensive and coherent set of activities promoting the principles of the “European ethical Charter on the use of Artificial Intelligence in the judicial systems and their environment”,

(2) finalise the guidelines on how to ensure gender equality in the recruitment and promotion of judges,

(3) develop a tool on the rights of people with disabilities and access to justice,

(4) draft an instrument on essential training topics for justice professionals, for initial and in-service training,

(5) compile good practices analysing success factors concerning mediation procedures in member states,

(6) draft a framework on how to evaluate the work/performance of judges,

(7) continue to develop tools, indicators and means for measuring the quality of judicial work, for example by updating the CEPEJ checklist for promoting the quality of justice and the courts,

(8) contribute to the HELP training modules reflecting the work in the field of quality.

7. JOINT MEETING of the CEPEJ-GT-QUAL and CEPEJ-GT-CYBERJUST UNDER THE ITALIAN PRESIDENCY of the Committee of Ministers of the Council of Europe

10. The secretariat informed the group of the opportunity to hold a one-day joint working group meeting with the CEPEJ-GT-CYBERJUST under the Italian Presidency of the Committee of Ministers early 2022 in Italy. This could be beneficial in particular with a view to the common issues of artificial intelligence. A second day could be devoted to the 1st meeting of the CEPEJ-GT-QUAL for 2022.


APPENDIX I / ANNEXE I

Agenda

1.

Opening of the meeting and adoption of the agenda

2.

Ensuring gender diversity in the recruitment and promotion of judges

3.

HELP (Human Rights Education for Legal Professionals) for CEPEJ

4.

Feedback on Judicial Map reform

5.

AI – Implementation of the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment

6.

Future work of the CEPEJ-GT-Qual (2022-2023)

7.

Joint workshop GT-Qual/Cyberjust under the Italian Presidency

8.

Any other business


APPENDIX II / ANNEXE II

List of participants / Liste des participants

MEMBERS / MEMBRES

Gilles ACCOMANDO, Directeur de l’École de formation du barreau, Paris, 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

***

SCIENTIFIC EXPERTS / EXPERTS SCIENTIFIQUES

Matthieu QUINIOU, Avocat, Paris, FRANCE

Tabeth MASENGU, Dr of Laws and Dr of Philosophy, De Pinte, BELGIUM

***

INVITED DELEGATIONS / DELEGATIONS INVTEES

EGYPT / EGYPTE

Mohamed Mahmoud RASLAN, Vice President of the Egyptian Council of State, CAIRO

MAROC / MOROCCO

Meryem SERRAJ, Ministère de la Justice, RABAT

SLOVAK REPUBLIC / REPUBLIQUE SLOVAQUIE

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

Martin VALENTOVIČ, External expert, author of the judicial map

TUNISIA / TUNISIE

Hedi BEN AHMED, Conseiller des sévices public et inspecteur général adjoint des affaires administratives et financières à l’inspection générale, Ministère de la Justice, TUNIS

***

OBSERVERS / OBSERVATEURS

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 AND COURT CLERKS / UNION EUROPEENNE DES GREFFIERS DE JUSTICE (EUR)

Jean-Jacques KUSTER, 24, rue de la Canardière, 67100 Strasbourg, FRANCE

***

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

Daniel SCHMIDT, Secretary of the CEPEJ-GT-QUAL a.i / Secrétaire du CEPEJ-GT-QUAL a.i

Ioana VOELKEL, Assistant / Assistante

Rana-Gulnihal GENC, Trainee / Stagiaire

Eliun GUERIN, Trainee / Stagiaire



[1] CEPEJ-GT-QUAL(2021)4

[2] CEPEJ(2013)7Rev1

[3] CEPEJ-GT-QUAL(2021)10

[4] CEPEJ(2021)5

[5]CEPEJ-GT-QUAL(2020)4