A digitális igazságszolgáltatás alapjogi kérdései az uniós joggyakorlat tükrében

The European Union is committed to advancing the digital transformation of justice. The electronic filing of claims, hearings and other procedural acts conducted by videoconference, the electronic service of documents, online registers and databases, and artificial intelligence-based Systems can contribute to the proper exercise of procedural rights, and thus to access to justice, well-founded decisions, and swift and efficient proceedings. On the other hand, however, the digital transition also poses a challenge to the protection of fundamental procedural rights. The case law of the Court of Justice of the European Union has upheld the requirement to protect fundamental rights in relation to issues arising from participation by videoconference and the use of artificial intelligence. Effective protection of fundamental rights requires not only dynamic interpretation but also a practice that takes account of the substance of fundamental rights, recognises practical problems and does not obscure them. These challenges also create new opportunities for constitutional dialogue.

Keywords: digital justice, effective judicial protection, right to a fair trial, judicial independence, constitutional dialogue, automatic decision, videoconference