e-Justice paradigm and Artificial Intelligence (AI): where effective judicial protection stands?

Artificial Intelligence Technology Futuristic

 by Joana Abreu, Editor

2019 marks the beginning of a new era for e-Justice.

Looking at both Council’s e-Justice Strategy (2019/C 96/04) and Action Plan (2019/C 96/05) from 2019 to 2023, we are able to understand how this European institution is engaged to establish sensitivities on Artificial Intelligence in justice fields. Furthermore, the European Commission also presented a report on the previous Action Plan (Evaluation study on the outcome of the e-Justice Action Plan 2014-2018 and the way forward – Final Report – DT4EU), where it advanced the need to bet on artificial intelligence mechanisms in the e-Justice fields.

In fact, the European Commission, when questioned stakeholders on the possibility of using Artificial Intelligence technologies in the domain of justice, 41% understood it should be used and other 41% understood its potentialities could be explored.

Taking into consideration those numbers, the Council also established the need to understand AI’s influence and potential on e-Justice fields, addressing it under the topic “Evolutivity” and relating to future perspectives.
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e-Justice paradigm under the new Council’s 2019-2023 Action Plan and Strategy – some notes on effective judicial protection and judicial integration

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by Joana Covelo de Abreu, Editor


Information and Communication technology (ICT) and digital tools are shaping the way new solutions are being implemented in EU Procedure and justice, in all European Union. In fact, through the Digital Single Market (DSM) political goal, new technological and digital approaches have been adopted and are now being widespread.

Under DSM’s strategy, e-Justice appeared as a paradigm to be settled using a method: the one of interoperability. But this method was also acknowledged by the 2016 e-Government Action Plan as a general principle of EU law: in fact, alongside elder ones such as transparency or efficiency others were settled, truly built on this new digital approach it is being aimed to be accomplished: the one of interoperability by default, the one of digital by default and the once-only principle. In fact, first approaches to stakeholders revealed the importance of the latter since, in an EU settled and developed around fundamental freedoms, economic agents were able to raise awareness among stakeholders of the need to overcome administrative barriers to similar proceedings in different Member States or before the European institutions. In fact, they were able to devise that they had to provide, for as many times as they initiated a proceeding, the same information and documents, when, in fact, the proceeding was similar, the petition was the same… That determined the emergence of the once-only principle, based on the need of reusing data across the EU. However, to do so stakeholders also understood those public services had to work through interconnected databases and operative systems – otherwise, the reuse of data would come difficult and the once-only principle would never get out of the table of intended measures. That was the perfect setting to bet on digital components, considering the first services to start this digitalisation update were public services.
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Editorial of November 2018

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 by Alessandra Silveira, Editor


In the face of globalised populism, European Union as a kind of “life insurance”

In case C-619/18, Commission v Poland, pending judgment by the Court of Justice of the European Union (ECJ), the European Commission has requested the Court, in the context of interim proceedings, to order Poland to suspend the application of the provisions of national legislation relating to the lowering of the retirement age for Supreme Court judges,[i] among other measures.

As the ECJ Press Release No 159/18 briefly explains, on 3 April 2018 the new Polish Law on the Supreme Court entered into force. Under that Law, the retirement age for Supreme Court judges has been lowered to 65. The new age limit applies as of the date of entry into force of that Law. It is possible for Supreme Court judges to continue in active judicial service beyond the age of 65 but this is subject to the submission of a statement indicating the desire of the judge concerned to continue to perform his/her duties and a certificate stating that his/her health conditions allow him/her to serve, and must be consented to by the President of the Republic of Poland. Thus, according to the Law, serving Supreme Court judges who reached the age of 65 before that Law entered into force or, at the latest, on 3 July 2018, were required to retire on 4 July 2018, unless they had submitted such a statement and such a certificate by 3 May 2018 inclusive and the President of the Republic of Poland had granted them permission to continue in active service at the Supreme Court. In making his decision, the President of the Republic of Poland is not bound by any criteria and that decision is not subject to any form of judicial review. Furthermore, the Law on the Supreme Court gives the President of the Republic of Poland the power to freely decide, until 3 April 2019, to increase the number of Supreme Court judges.

As we know, the Vice-President of the Court, Ms Rosario de Lapuerta, on 19 October 2018, provisionally granted all the Commission’s requests – and Poland must immediately suspend the application of the new Polish Law on the Supreme Court.[ii] The legal basis of such ruling, relying upon judicial independence as a general principle of EU law and as a fundamental right protected in its order, has been built in the recent ECJ case-law, especially in judgments Associação Sindical dos Juízes Portugueses (ASJP) and LM[iii].
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LM judgment – effective judicial protection as general principle and fundamental right

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 by Joana Covelo de Abreu, Editor

2018 is the year when effective judicial protection undertakes several new developments.

In this sense, the Associação Sindical dos Juízes Portugueses’ judgment (ASJP) set the tone to great developments under effective judicial protection dimension concerning the independence of courts. In this decision, the Court of Justice understood effective judicial protection as not only a fundamental right, but also a general principle of EU law. In fact, the Court of Justice preferred to set this jurisprudence based on the general principle – as enshrined Article 19 (1) (2) TFEU – because that was the way to liberate effective judicial protection from the methodical difficulties brought by Article 51 CFREU.

In this decision, the Court of Justice reasoned based on Article 2 TEU (concerning the values of the EU), Article 4 (3) TEU (principle of sincere cooperation) and Article 19 (1) TEU, emphasising Article 19 (1) TEU as a “concrete expression to the value of the rule of law stated in Article 2 TEU” and acknowledging the integrated nature of the EU judiciary system – composed both by ECJ as EU organic court and national courts as EU functioning courts.

But when we thought the Court of Justice had already enough developed effective judicial protection, we are surprised with the LM judgment (case C-216/18 PPU).

This decision, issued on the July 25th 2018, was developed under a preliminary reference made in order to interpret the limits concerning the enforcement of three European Arrest Warrants. They aimed at arresting and surrendering LM to Polish authorities for the purpose of conducting criminal prosecutions (concerning trafficking in narcotic drugs and psychotropic substances).
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