Presentation on the Challenges of e-Evidence
Jos Hoevenaars was interviewed for the Dutch magazine for the legal profession ‘Het Advocatenblad’ about his insight into the experiences of lawyers who find themselves litigating before the European Court of Justice after their case is referred though a reference for a preliminary ruling. In the interview (freely translated: ‘Court of Justice? Experience Needed!’) he discusses his empirical research among Dutch lawyers and paints a picture of generally overwhelmed professionals scrambling for assistance among EU law scholars, while making the best of their opportunity to plead before the ECJ, often in opposition to a group of well-trained EU law experts appearing on behalf of intervening Member States. His work on the reference procedure highlight the inequality in representation before the ECJ and its potential negative impact on the Court’s caselaw and its national consequences.
Published: October 22, 2018
Between 17 and 20 October, Xandra Kramer and Erlis Themeli attended an international conference on evidence in the judicial process organized by the Iberoamerican Institute of Procedural Law and the International Association of Procedural Law. Xandra Kramer presented a paper on the current problems and future challenges of e-Evidence. It discusses technology as the big game changer in the taking of evidence, the use of electronic documents, and the role of social media and electronic devices. It zooms in on e-discovery and disclosure and technology assisted review, the reliability, authentication and admissability of e-evidence, and the interpretation and evaluation of e-evidence, including social media and the use of emoticons and emojis. At the end of the conference day, by way of tribute to Prof. Marcel Storme who passed away in April of this year, she presented a video including a collection of pictures and quotes, and arranged for a singing tribute.