Towards European Cyber Justice: What Role for the Council of Europe?

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Abstract

Cyber justice and the use of artificial intelligence (AI) in the justice sector are among the core issues to which the Council of Europe devotes significant attention. The Council views digital justice as a major opportunity to enhance judicial efficiency and transparency, particularly given the strong links between digital justice and the implementation of fundamental legal safeguards, foremost among them the respect for human rights.

In this context, the Council of Europe, as the leading human rights organization in Europe, has established multiple legislative and institutional mechanisms to ensure the transition of European justice into the digital space. This study aims to examine these mechanisms, developed by the Council to advance AI applications in the justice sector across European states, and to facilitate the digitization of judicial systems. The Council is globally recognized as a pioneer in introducing advanced mechanisms related to cyberjustice and in drafting the first international instrument addressing the relationship between AI and judicial systems.

The study employs a descriptive methodology and reaches several key conclusions. Notably, the use of AI technologies should not be limited to improving court performance and enhancing transparency; it must also be applied in full compliance with fundamental rights, particularly those guaranteed under European human rights instruments and conventions. This aligns with the objectives of the Council of Europe’s digitalization plan, which aims to achieve better justice during the 2022–2025 period.