ELI Principles are available here.
As courts and justice systems increasingly rely on digital technologies, the challenge is no longer simply whether justice should be digitalised, but how this transformation can take place while safeguarding access to justice, judicial independence, procedural fairness and fundamental rights. The ELI Principles, elaborated under the leadership of Project Reporters, Dr Dory Reiling, Prof Dr Masood Ahmed, Prof Dr Xandra Kramer, Dr Jiří Novák, and Prof Dr John Sorabji, respond to this challenge by placing the rule of law and the needs of justice users at the centre of digital transformation.
Grounded in Article 6(1) of the European Convention on Human Rights, Article 47 of the EU Charter of Fundamental Rights and the ELI-UNIDROIT Model European Rules of Civil Procedure, the Principles make clear that digitalisation should not be pursued merely for efficiency or cost reduction. Instead, technology should be used to make justice more accessible, effective, inclusive and transparent.
The Principles provide guidance across three key dimensions of digital justice:
- Fundamental rights and values: digitalisation must enhance equal and effective access to justice, protect judicial independence and impartiality, secure procedural fairness and ensure that justice remains accessible to vulnerable and digitally excluded users, including through appropriate support and non-digital alternatives.
- Design of digital justice systems: systems should be user-centred, inclusive, interoperable and evidence-based, while facilitating secure digital communications, online hearings, access to case information and judgments, and greater transparency and accountability.
- Implementation and operation: digitalisation should be treated as a continuous process requiring piloting, evaluation, sustainable investment, training and robust governance, alongside strong safeguards for digital sovereignty, data protection and cybersecurity.
The Principles also address one of the most significant developments transforming justice systems today: the use of artificial intelligence. They recognise the potential of AI to support and enhance the administration of justice, while stressing that it should augment rather than replace judicial decision-making, absent the fully informed consent of the parties.
Particular emphasis is placed on ensuring that digitalisation does not create new barriers to justice. The Principles therefore advocate inclusive and user-centred systems, multilingual accessibility where appropriate, secure communications, public access to judgments and practical assistance for those who may struggle to use digital services.
By bringing together fundamental rights, procedural safeguards, technological design and effective governance, the ELI Principles provide a practical roadmap for policymakers, courts, justice administrations and other stakeholders navigating the digital transformation of civil justice.
Their central message is clear: digitalisation should serve justice, rather than justice being adapted to serve technology. Properly designed and implemented, digital transformation can strengthen access to justice, public confidence and the rule of law across Europe.
For press inquiries and additional information, kindly contact the ELI Secretariat (secretariat@europeanlawinstitute.eu). The project’s Co-Reporters are also available for interviews and further clarifications.
