Promoting videoconferencing between EU countries in the area of justice

SUMMARY OF:

Council recommendations - best practices on cross-border videoconferencing in the area of justice

SUMMARY

WHAT DO THESE RECOMMENDATIONS DO?

• They set out the benefits of videoconferencing as a tool to assist in justice procedures involving more than one EU country and provide suggestions on how to improve it.
• They are linked to the EU's e-justice policy and in particular the 2014-18 European e-justice Strategy and Action Plan.

KEY POINTS

The benefits of videoconferencing are:

• greater flexibility for courts and prosecution offices to take testimony from victims and witnesses, to hear experts’ opinions and to take suspects’ and defendants’ statements
• reduced stress for vulnerable witnesses such as children
• no travelling for victims, witnesses or experts from EU countries who are required to give evidence
• provision ofimmediate and effective safeguardslawyer to the suspect when arrested in a remote place
• reduced costs and increased security, particularly by avoiding transporting persons in custody.

Potential improvements

However the recommendations make note of several areas where videoconferencing between authorities in different EU countries could be improved including:

• removing technical, organisational and legal obstacles
• updating and supplementing information on the e-justice portal
• coordinating with other projects including e-CODEX, the AVIDICUS project and the European Judicial Training Network
• ensuring videoconferencing equipment is of sufficient quality that it does not affect the defence's rights.

Recommendations

EU countries are invited to take a number of measures including:

• introducing a national videoconferencing contact point or contact points
• agreeing a common language for videoconferencing, where applicable, along with appropriate translation and interpretation services
• offering training for potential users including judges and prosecutors
• drafting practical guidelines on the technical standards for users and technical planning and support staff
• carrying out practical tests to improve interoperability with the systems of other EU countries.

The Working Party on e-Law (e-Justice) is asked to:

• look at ways to initiate a coordinated approach to cooperation on videoconferencing with non-EU countries to supplement the individual contacts that EU countries already have
• set up a network of coordination between EU countries to exchange experiences and share best practices on videoconferencing, including training
• identify the arrangements that should be made to guarantee the procedural safeguards in the exercise of the right to defence.

The Commission should:

• publish the final report of the expert group on cross-border videoconferencing on the e-Justice portal
• provide financial support to ensure the interoperability of videoconferencing systems across EU countries.

BACKGROUND

e-Justice portal

ACT

Council Recommendations — ‘Promoting the use of and sharing of best practices on cross-border videoconferencing in the area of justice in the Member States and at EU level’ (OJ C 250, 31.7.2015, pp. 1–5)

last update 20.01.2016