E-justice in the European Union & Impact of COVID-19 crisis
Ritsumekan University/Kyoto1) E-justice at the service of the Single Market
The European Commission is running a dedicated portal The European e-Justice Portal) as aservice to enhance the usefulness of the Single Market for its key players, in particular thebusiness community and the legal professions. Therefore, a lot of information is provided in23 languages of the EU which is a challenge in itself.
The areas covered include legal aid, judicial training, European small claims andvideoconferencing as well as links to legal databases, online insolvency, business and landregisters. The portal also includes user-friendly forms for various judicial proceedings in 27
jurisdictions.
While this endeavour predates the COVID-19 crises, the Portal also deals with specificproblems created by the crisis in various areas of law.
2) E-justice and the COVID-19 pandemic
Of a generic nature are the problems encountered because of the de jure or de facto closureof borders, of courts, difficulties to provide evidence, cross-border provision of legal services
including legal documents, acceptance of e-mail communication, use of video-links… This may
impact on time limits, expiry, the interpretation of exceptional circumstances having in mind
the need to guarantee effective access to justice for EU-citizens.
Commercial and insolvency law should take into account the shocks the pandemic crisis hasdelivered to some businesses because of lock-downs motivated by public healthconsiderations, in particular tourism, hoteliers, artists and culture industry…
While these delays will have economic consequences and impact on tax collection, they could
also leadi)
requests to change insolvency laws to take into consideration pandemicsii)
free criminal energy for fraud.
Judicial cooperation in criminal matters is impacted and the application of EU instruments
such as the European Arrest Warrant. COVID-19 regulations also impact on the contact
between suspects and their legal counsels (need to guarantee confidentiality), access to files
especially when in custody. The wearing of masks as well as video interviews don’t allow
judges to evaluate facial expressions which are important. Penal proceedings might differ inthis respect from civil or administrative ones. (Parallelism with diplomatic intercourse whereconfidentiality and direct informal contacts in the margins of official meetings are crucial.)
The situation in prisons creates pandemic related problems because of the difficulty of social
distancing and suspension of outside visitors, family or legal support.
This also includes the access of victims to support and redress.
COVID saw a sharp increase in domestic violence, in particular against women with thedifficulty of getting support because of social distancing or quarantine regulations. While online services can be of help, not all victims have access or the possibility to contact/call.

Prof. Michael Reiterer, Brussels School of Governance, Centre for Strategy, Diplomacy and Security;
Adjunct Professor Webster University/Vienna, LUISS-Rome, University of Innsbruck;
Ambassador of the European Union to the Korea, Switzerland/Liechtenstein; Minister/Japan, retired.

E-justice in the European Union & Impact of COVID-19 crisis
Ritsumekan University/Kyoto
Due to the heavy concentration on internet services and social media, cybercrime increased
exploiting in particular vulnerable (children, girls) persons, those engaged in teleworking andteleshopping. Hate crime, whether based on gender, racism, radicalisation …, increased too.
The role of tech-companies and their autonomous control of the content in their services oraccess to them (Trump cut off from Twitter) also needs evaluation and solutions which
disentangle communication services which have become essential not only for private but
also official use from the sole control of the management of these companies. Can theyautonomously decide whom to exclude from their service (based on which criteria) or
eliminate content (based on which criteria)? Have these services become so important thatthey have to contract with everybody comparable to public transport?
The use of digital tools by the judiciary has become more important but needs to take into
account the basic rights and the legal culture of Member States of the EU. For an overview
clock here.
Human rights are under duress because of pandemic induced measures: right to assembly,
demonstration, free speech, travel, education… which potentially impacts negatively on thedemocratic system in general as authoritarian tendencies are re-enforced which makes legal
review and control particularly important. As these issues pertain often to constitutional
courts whose seizure as courts of last resort often takes time, accelerated procedures might
become necessary should they not exist to prevent infringement of human rights.
Access to legal procedure for persons with disabilities, either physical or mental, needs
special care as the handling of technical tools necessary might not be possible which also
applies to many senior citizens.
Data protection is a special case: contact tracing needs regulation and control as data fromiPhones, credit cards and surveillance cameras could be issued. The transfer of data isregulated by GDPR standards which will force authorities to decline data transfers in somecountries. There is an inherent link with cyber-security as essential infrastructure e.g. in thiscase especially those used for data transfers, need to be save to prevent data theft andmisuse.
AI: ethical consideration are of particular importance: in the context of i) international law
and the law of war: AI takes decisions on missile attacks on predetermined targets (and is notable to distinguish whether an assembly of persons in the target area are soldiers or awedding party which raises the question of responsibility if decisions are taken without
human involvement; ii) in the context of decision making (rendering a sentence in a civil or
criminal or administrative case) based on algorithms which in turn are based on past decisions
which may not be appropriate any longer because of a change in societal values or changes
in law.
In addition to the European Union, the Council of Europe is also involved in providing legal
guidance, click here.
11-03-2021
Prof. Michael Reiterer, Brussels School of Governance, Centre for Strategy, Diplomacy and Security;
Adjunct Professor Webster University/Vienna, LUISS-Rome, University of Innsbruck;
Ambassador of the European Union to the Korea, Switzerland/Liechtenstein; Minister/Japan, retired.