CEPEJ: 31st plenary meeting. Strasbourg, 3-4 December 2018

This article is just an extract from the CEPEJ’s work with a choice of information, which is of course subjective.

Evaluation of judicial systems. GT-EVAL

The 2018 edition of the report on the evaluation of judicial systems was relayed by many articles in Europe and by many media. It is available on the CEPEJ website in French and English.

Cooperation with the European Commission to provide data on the judicial systems of the Member States continues. These data are used, in particular, in the realization of the “Justice scoreboard” by the European Commission.

Speech by Alain Nuée

The word given to the observers, I thanked the CEPEJ for having involved us in its work which is for us a very useful source of information to achieve our own objectives.

Recalling that the EEEI is a think tank and not a representative of experts, I indicated that, within the EU framework, it was in charge of the “find an expert” project with the objective of publishing on the e-justice website all existing lists of experts.

I also thanked the CEPEJ for having provided us, in October, with the 2016 statistics on experts and specified that we were studying them and that our comments will be the subject of a report that we intend to send them at the beginning of 2019, if possible by the end of January“.

It should be noted that Jean-Paul Jean (France) has left the Group’s Presidency. His successor is Jaša VRABEC (Slovenia).

Quality of Justice. WG-Group

CEPEJ adopted the “European Ethical Charter on the use of artificial intelligence in judicial systems and their environment”  which provides, for the first time in Europe, a framework of principles that can guide policy makers, legislators and justice professionals in addressing the rapid development of Artificial Intelligence in national judicial processes.

CEPEJ decided to forward the Charter to the Committee of Ministers so that it may take note of it and encourage member States to disseminate it to interested circles and to apply it, and to forward it to the relevant Committees and bodies of the Council of Europe in order that they may make use of them when appropriate; instructed the Secretariat to ensure a wide dissemination of these documents and organize the appropriate communication strategy;

CEPEJ identified five principles of the Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and their environment:

PRINCIPLE OF RESPECT FOR FUNDAMENTAL RIGHTS: ensure that the design and implementation of artificial intelligence tools and services are compatible with fundamental rights.

PRINCIPLE OF NON-DISCRIMINATION: specifically prevent the development or intensification of any discrimination between individuals or groups of individuals.

PRINCIPLE OF QUALITY AND SECURITY: with regard to the processing of judicial decisions and data, use certified sources and intangible data with models elaborated in a multi-disciplinary manner, in a secure technological environment.

PRINCIPLE OF TRANSPARENCY, IMPARTIALITY AND FAIRNESS: make data processing methods accessible and understandable, authorize external audits.

PRINCIPLE “UNDER USER CONTROL”: preclude a prescriptive approach and ensure that users are informed actors and in control of the choices made.

The CEPEJ Charter is accompanied by an in-depth study on the use of AI in judicial systems, in particular AI applications for the processing of judicial decisions and data“.

This decision is very important in the debate around the development of Artificial Intelligence and the exploitation of “big data”.

Mediation

CEPEJ adopted:

  • the Baseline Grid for Mediation Performance Indicators (Baseline Mediation Statistics)[1] (CEPEJ(2018)23),
  • the Code of conduct for mediation centers[2] (CEPEJ(2018)24)
  • and the Standard mediation forms[3] (CEPEJ(2018)25) as elements to complete the existing Mediation Development Toolkit (CEPEJ(2018)7);

Observers to the CEPEJ

The observers who spoke at the CEPEJ:

  • the OECD,
  • the EU Fundamental Rights Agency,
  • the European Association of Judges (EAM),
  • the European Union of Rechtspfleger and court clerks (EUR),
  • the International Union of Bailiffs and Judicial Officers (UIHJ),
  • the Council of the Bars and Law Societies of the European Union (CCBE),
  • the European Expertise and Expert Institute (EEEI),
  • the Association of European Administrative Judges (AEAJ),

This list gives an idea of the institutions involved in the CEPEJ.

Election of the Bureau

Elected Ramin Gurbanov (Azerbaijan) as President and Ivana Borzovà (Czech Republic) as Vice-President of the CEPEJ for a two years period.

Elected Laetitia Brunin (France) et Francesco Depasquale (Malta) as Bureau members for a two years period


[1] https://rm.coe.int/cepej-2018-23-en-mediation-development-toolkit-baseline-grid-for-media/1680901dc8

[2] https://rm.coe.int/cepej-2018-24-en-mediation-development-toolkit-european-code-of-conduc/1680901dc6

[3] https://rm.coe.int/cepej-2018-25-en-mediation-development-toolkit-standard-mediation-form/1680901dc3

Report by Alain Nuée and Jean-Raymond Lemaire