Digitalisation has the potential to improve access to justice and the efficiency and resilience of the communication flows inherent to the cooperation between judicial and other competent authorities in EU cross-border cases. New technologies render the process of cross-border gathering of data swifter, more transparent and reliable. Digitalised platforms have the capacity to foster communications and dialogue between member states’ judicial authorities allowing them to exchange criminal justice decisions – most notably EIOs and MLA requests – in a secure, fast, streamlined and trusted way.
To this extent, the roll out of the e-Evidence Digital Exchange System (eEDES) aims precisely to implement an EU-wide platform for electronically exchanging data collected through the EIO and MLA instruments in a secure and admissible way, and through clear and standardised electronic forms (instead of personal email or postal service). This new platform could significantly facilitate the work of investigating and prosecuting authorities, because it would allow the issuing and execution of a wide range of investigative actions (including orders mandating the cross-border production and preservation of data).
Moreover, especially after the Covid Pandemic, in several Member States of the EU, videoconferencing has already been widely proven to be an efficient tool in terms of both facilitating cross-border criminal proceedings and also reducing the costs involved. If the benefits of increased videoconferencing are clear (saving time and money spent on travel, reducing carbon footprint, increasing flexibility, etc.), there are undeniably risks and potential drawbacks that must also be considered. A central concern about videoconferencing in EU cross-border criminal proceedings is the status of the suspects held in custody and their access to lawyers.
Finally, Artificial intelligence (AI) is a “game-changing” technology. Its rapid progress raises complex challenges regarding benefits and risks for the criminal justice system. Although it is still at infancy stage of its development with expectations often set too high, AI could bring benefits if it is used to predict crime and as a criminal intelligence tool. However, software programmes can malfunction and cause serious harm without being considered – as things stand today – “entities” subject to criminal liability.
In response to the EU Justice Call 2023, ERA presents a multi-annual project which addresses various challenges linked to digitalisation that judges, prosecutors and lawyers in private practice working in the field of EU Criminal Justice will have to face for the years ahead.
