Declaration on challenges faced by the judiciary during and after the COVID-19 pandemic was adopted in the Council of Europe
On 10 June 2020, ad hoc virtual plenary meeting of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe organized within the framework of the Greek Chairmanship of the Committee of Ministers was held.
The COVID-19 pandemic has caused a health crisis and serious social consequences. It has also created challenges for courts and judicial authorities in the CoE Member States. It invites to reflect on the innovative measures that can arise within judicial systems based on experience received.
In the fight against coronavirus infection CEPEJ supports Member States’ efforts to improve the efficiency and quality of their judicial systems to ensure that they operate in line with Council of Europe standards and meet the needs of those seeking justice.
That is why this year’s June meeting was significantly different from previous CEPEJ meetings. The event brought together about 100 participants to exchange experience on the work of the judiciary during the crisis and to ensure more efficient justice in the Member States of the Council of Europe. At the same time, the participants repeatedly stressed the importance of respecting human rights and ensuring a fair trial along with introducing anti-crisis measures.
The new ways of operation of the judiciary after the crisis, as well as proposals for the role of CEPEJ in strengthening the principles of efficient justice in the CoE Member States in the post-pandemic period, were discussed during the meeting.
By the result of the discussion, the Declaration on Lessons Learned and Challenges Faced by the Judiciary During and After the COVID-19 Pandemic was adopted by the CEPEJ members.
This document provides the basis for a possible new roadmap of the CEPEJ to provide the Member States with guidance in the period of crisis and contains recommendations on the functioning of the judiciary through seven important principles: 1) Human Rights and the Rule of Law; 2) Access to Justice; 3) Safety of Persons; 4) Monitoring Case Flaw, Quality and Performance; 5) Cyber Justice; 6) Trainings; 7) Forward-Looking Justice.
The Declaration also states that the Member States have made considerable efforts to adjust to new circumstances within a short time and to make the best use of existing resources to ensure the functioning of their courts. At the same time, States should maintain the momentum and draw the lessons from this experience, as the crisis cannot be used to excuse deficiencies in judicial systems and even less to reduce standards or breach legal guarantees.
Reference:
The European Commission for the Efficiency of Justice was established on September 18, 2002 under the Resolution (2002) 12 of the Committee of Ministers of the Council of Europe. This is an expert organization for the efficiency of functioning of justice in the Council of Europe Member states. The CEPEJ consists of 47 member states of the Council of Europe. The purpose of the CEPEJ’s activities is to increase the efficiency of judicial authorities of states as well as to create more effective legal documents adopted by the Council of Europe.
It is the initiator of many studies in this area, in particular, of a comparative nature. It prepares draft recommendations aimed at identifying opportunities and promoting the use of a variety of tools to combine the two key principles of justice: equity and efficiency.
