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Council of Europe: efficiency of justice. Civil cases still slow. Digital enters the courts

In 44 Member States of the Council of Europe, it is possible to get free access to legal texts, case law from higher courts and various information on the judicial system through the courts’ websites. This is according to the 10th evaluation report of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe. Only in 3 Member States access to court is free of charge. In all Member States, however, free legal aid is available, although the conditions for obtaining it vary (for example, victims of domestic or sexual violence, immigrants or asylum seekers automatically benefit from this aid in some countries). The number of courts is decreasing while alternative dispute resolution mechanisms are increasing (for example, court-related mediation, which exists in all Member States, or digital pathways). The data on the efficiency of justice “have shown a significant improvement” compared with 2020, but vary depending on the type of case and level of jurisdiction: criminal cases have seen a reduction in processing times at first instance, while civil and administrative cases are slower at the first and second instance. Third instance courts (Supreme Courts) are the most efficient. Digital technologies are enhancing the improvement. In 33 States, for instance, they have brought about significant progress in introducing remote court hearings, including in criminal matters. According to the report, this trend will be even more marked in the future, as new innovative tools are being introduced to assist judges in their work.

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