Digitalisation of justice: fundamental rights guidance

Digitalisation of justice systems is an important part of the EU’s priority to facilitate a digital future for Europe. Legislation and policy is growing in this area, and the state of digitalisation of justice systems is reflected under various monitoring frameworks of the European Commission, such as the EU Justice Scoreboard. Most EU Member States already use digital solutions in different contexts and to varying degrees in their justice systems.
Project Status
Ongoing
Project start date
May
2024

This project will build upon the work of European and other international actors; for example, the Council of Europe’s European Commission for the Efficiency of Justice (CEPEJ) and the Consultative Council of European Judges (CCJE), among others. It will provide empirical analysis and guidance for EU institutions and Member States on how to ensure that digitalised justice processes and systems facilitate and protect fundamental rights – such as access to justice – in practice.

What?

EU Member States increasingly use digital technologies that can affect the administration of justice and have an impact on fundamental rights both positively and negatively. This project will explore such impacts by examining diverse use cases of digital tools or systems in application in seven EU Member States (Austria, Estonia, France, Italy, Latvia, Poland and Portugal). It will result in practical guidance for EU institutions and Member States on fundamental rights safeguards that should be considered in line with EU policy and legislation in this area.

Why?

By examining digital tools and systems that are already in use at national level, FRA’s research will result in a deeper understanding of the fundamental rights implications (both positive and negative) that arise when Member States employ digital technologies in the administration and delivery of justice, and how this can affect individuals - for example as a complainant, defendant or victim - in their interaction with justice systems.

How?

The methodology combines desk research and fieldwork.

FRA will map and explore multiple use cases of digitalisation, such as remote court hearings, electronic filing and exchange systems and tools making use of artificial intelligence, among others. The research encompasses criminal, civil and administrative justice.

After identifying the use cases, FRA will carry out interviews with a mix of technical experts and justice practitioners (such as judges, prosecutors, lawyers or law enforcement officers) who have direct experience in developing, deploying or using the selected digital tools or systems. The research will reveal how digitalisation can affect the fundamental rights of individuals impacted by justice systems, as well as how the digital tools and systems examined impact the work of justice professionals regarding their ability to carry out their work and fulfil their fundamental rights obligations.

See also