Digital communication between persons and competent authorities in judicial cooperation in civil matters: biometrics and artificial intelligence in digital identity management at the european electronic access point.

Abstract

In a context where virtual relations are becoming increasingly important, European judicial administrations are making progress in their digitisation. In the field of judicial cooperation, Regulation (EU) 2023/2844 on the digitisation of judicial cooperation aims to facilitate electronic communication in cross–border proceedings between competent authorities and between competent authorities and natural persons, thereby improving access to justice, efficiency and judicial cooperation in the European Union. This digitisation process faces challenges such as ensuring reliable digital identification of users. Regulation (EU) 910/2014 (eIDAS Regulation) establishes the European legal framework for electronic identification. It makes it possible to ensure secure and reliable electronic identification of users through identification systems, such as those based on biometrics or artificial intelligence. On 1 August 2024, Regulation (EU) 2024/1689 on artificial intelligence came into force in the European Union, which aims to limit the risks associated with the use of this new technology, such as biometric recognition. The new regulation raises the need to assess the compatibility of the use of biometric identification systems in digital justice with the new European regulations.