Legal opinion on European requirements for the use of technologies based on artificial intelligence in civil and administrative proceedings

We invite you to read the study authored by dr hab. Marek Świerczyński, university professor and dr Zbigniew Więckowski, published as part of the series “Opinions and Analyses of the Institute De Republica”.

The development of guidelines for online dispute resolution (ODR) mechanisms was already undertaken in the Council of Europe in 2016. The Council of Europe – European Committee on Legal Co-operation (CDCJ) then carried out a feasibility study of the action to develop guidelines to ensure compliance with Articles 6 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). It was followed up by the CDCJ’s drafting of the Guidelines. The Committee of Ministers of the Council of Europe adopted the Guidelines on 16 June 2021.

The Guidelines concern the use of new technologies in existing court proceedings and the way in which the judicial guarantees of the Convention may be safeguarded in the case of using electronic dispute resolution mechanisms.

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The series “Opinions and Analyses of the Institute De Republica” comprises on-line publications in the formula of open access, focused on specific issues in the field of humanities and social sciences. Thematic framework of the series is determined by four main fields: history, culture, political science and law, while the studies not included in the aforementioned fields will be published in the category varia. “Opinions and Analyses of the Institute De Republica” will provide a scientific and practical view on the most important issues frequently discussed in public domain. The historical issues addressed will also serve to emphasise the undeniable connections between the past and the present.

All published studies are authored by eminent scientists from academic and research centres in Poland, who are distinguished by their knowledge and scientific achievements in a particular field.