The Council of Bars and Law Societies of Europe recently published an article dealing with certain legal aspects of artificial intelligence. The CCBE had previously commented on the Communication on the digitalisation of justice in the EU, a response to the consultation on the European Commission`s White Paper on Artificial Intelligence and its own reflections on the legal aspects of artificial intelligence. In its general conclusions, the CCBE stresses that the great opportunities and benefits offered by AI also come with a great responsibility to ensure that AI remains ethical and respects human rights. The use of AI poses a significant threat to the quality of our judicial systems, the protection of fundamental rights and the rule of law. The development of AI tools must take into account the roles and interests of all actors in the justice system. In this context, one of the main messages of the position paper is that there is a clear need for the CCBE and its members to continue to monitor the impact of the use of AI in the legal and judicial fields. The CCBE follows initiatives to support the digitalisation of judicial proceedings, promote the interoperability of different national systems and support the introduction of new technologies into the day-to-day functioning of judicial systems. The CCBE believes that such initiatives must be accompanied by sufficient safeguards and procedures to ensure due process in order to safeguard the rights to a fair trial, in particular the rights of the defence, such as the privilege of protection of lawyers. This need is specifically mentioned with regard to lawyers, as stated in the e-Justice Action Plan, which considers the development of a “guide on the use of artificial intelligence by lawyers in the EU” as a priority (draft in paragraph 11). AI policy has long been on the agenda of the Council of Bars and Law Societies of Europe (CCBE). In short, in addition to the CCBE Conference on Artificial Intelligence and Human Justice held in Lille in November 2019, the CCBE contributed to the formulation of the European Code of Ethics on the use of artificial intelligence in judicial systems and its environment, adopted in December 2018 by the Council of Europe Commission on the Efficiency of Justice (CEPEJ).

The CCBE is also a member of the Commission`s Expert Group on Liability and New Technologies and in 2016 published an e-book entitled “Innovation and The Future of Advocacy in Europe”, which critically assesses and assesses the opportunities and threats that the legal profession and judicial systems will face in the coming years. In 2020, the CCBE published its “Reflections on the Legal Aspects of AI” and in 2021 its “Position Paper on the Artificial Intelligence Act”. In addition, since 2010, the CCBE has been structurally involved in the development of e-Justice with several European countries and other organizations through its role in the consortium that manages the e-CODEX project. e-CODEX is unique in that it provides a European digital infrastructure for secure cross-border communications in the field of justice. Although e-CODEX currently supports only a limited number of use cases in civil and criminal proceedings, it aims to become a general platform offering access to cross-border justice to all European citizens, businesses and legal professionals. In March 2021, the CCBE contributed to a proposal to permanently establish the e-CODEX system. In particular with regard to the use of artificial intelligence, the CCBE prepared its own contribution in February 2020: the CCBE considerations on the legal aspects of artificial intelligence (20.02.2020). With this article, the CCBE analyzes various legal aspects arising from the use of AI in several areas that affect the legal profession.

The paper focuses on AI and human rights; the use of AI by the courts; the use of AI in criminal justice systems; Liability issues and the impact of AI on legal practice. With the latest document, the CCBE aims to further develop its position on several aspects of the proposed law on artificial intelligence (“the AEOI” or “the proposal”). But AI can also help lawyers and law firms cope with the increasing amount of data generated. Lawyers` use of AI is more or less limited to research tools that simplify data analysis and predict possible court decisions in some jurisdictions. Nevertheless, AI will change the way lawyers work and the way legal advice is provided. There are also challenges with regard to the competence of lawyers; For example, they must be able to ask meaningful questions about the decisions made by AI and show the limits of the applicability and utility of AI systems that cannot remain in a purely technical field. This requires appropriate training of lawyers. In March 2020, the Council of Bars and Law Societies in Europe (CCBE) published a position paper outlining its thoughts on the legal aspects of artificial intelligence (AI). The CCBE expresses several concerns about the use of AI in the following areas that directly affect the legal profession: IT is progressing much faster than the law. This leads to certain problems (p.

e.g., criminal codes may need to be revised to keep pace with new IT-supported crimes), and this also creates the need for lawyers to be kept informed of the evolution of IT tools in their day-to-day practice. These challenges are clear when it comes to AI and, for this reason, in the e-Justice Action Plan 2019-2023, the EU considers AI “as one of the most important developments in information and communication technologies in recent years and should be further developed in the coming years. Its impact on the field of e-justice needs to be better defined. In the general context of the digitalisation of justice, the CCBE has adopted several positions and recommendations in response to EU legislative and non-legislative proposals. In March 2021, the CCBE commented on a Communication from the European Commission on the digitalisation of justice in the EU. In its paper, the CCBE stresses the need for general minimum standards to ensure that national e-justice systems are able to ensure a fair trial. With regard to the use of artificial intelligence in judicial systems, the CCBE stresses the need to maintain safeguards and minimum principles to counter potential risks and biases. It also calls for the development of binding minimum standards on the technical arrangements that should apply to the use of videoconferencing, with particular emphasis on the protection of professional secrecy during videoconferencing sessions. The paper first examines the relationship between artificial intelligence and human rights (in particular, the right to a fair trial, the right to freedom of expression, the right to freedom of assembly and association, the right to life related to smart weapons and algorithmic drones, the right to privacy and data protection). Second, it addresses the use of AI by courts and its criticisms, in particular the non-delegation of the judge`s decision-making power, the ability to verify data entry, and compliance with the GDPR. Third, the article analyzes the current use of AI in criminal justice (predictive policing, facial recognition, and technical surveillance). Finally, liability issues and the effects of AI on legal practice will be discussed.

• The principles of transparency and explainability must be strictly adhered to. In cases where the way in which an AI system generates an output is not transparent or where that output cannot be adequately explained, the output may not be taken into account by a law enforcement authority and may be removed from the file. • Despite the choice of a risk-based approach, the proposal should include specific provisions on the use of AI in the judicial system. Finally, the CCBE is committed to ensuring respect for fundamental rights, the right to a fair trial and the rights of the defence in the development of international electronic evidence tools. At EU level, for example, the CCBE, in cooperation with other civil society organisations, participated in a discussion with the European institutions that are currently negotiating the content of a legislative proposal on electronic evidence. Within the Council of Europe, the CCBE also participated in stakeholder consultations in the context of the preparation of a new protocol on electronic evidence to the Budapest Convention on Cybercrime. • Specific provisions on AI liability issues should be adopted. The following points must be taken into account: The CCBE assumes that e-justice efforts must respect and guarantee fundamental rights and principles. Justice systems must be secure and support “electronic equality of arms” and “access to justice”.