The topic of the conference was “Law and Digitisation”, which was organised by IRZ on 4th and 5th March 2022, together with the Research Centre for Dispute Resolution and Enforcement Methods of the Faculty of Law and Political Science at the University of Tunis El Manar in Tunis.
Dr Lars Bierschenk, Judge in the Regional Court of Bonn, previously deputised to the Central IT Service Provider of the Judiciary of the State of North Rhine-Westphalia (ITD), participated in the hybrid format of the conference. There were around 200 participants in all.
The following experts took part from Tunisia:
Hatem Rouatbi, Head of the Research Centre for Dispute Resolution and Enforcement Methods of the Faculty of Law and Political Science
Chawki Gaddes, President of the National Authority for the Protection of Personal Data (INPDP)
Kamel Rezgui, Lecturer at the University for Communication in Tunis and Lawyer at the Court of Cassation
Badii Ben Abbes, Civil Court Judge, Grade Three, Sfax
Kaouther Selmi, Managing Director “SIMARL” (Legal service provider in the area of alternative dispute resolution)
Mélanie Clément-Fontaine, Professor at the University of Paris-Saclay
Valérie Laure Benabou, Professor at the University of Paris-Saclay
Khaylan Ben Abdessalem, Doctoral Candidate and Member of the Research Centre for Dispute Resolution and Enforcement Methods
The following topics were discussed, among others, during the conference:
Digitisation and Data Security
Online elections and E-Democracy
Algorithmising the law and digitisation of the judicial service
Digitisation and Civil Disputes
Effects of digitisation on contract law
Electronic legal transactions in Germany
Digitisation is a current topic right now in the judicial system, which is discussed as an opportunity with several obstacles. In this context, the focus of the conference was on legal aspects and methods of digitisation with regard to the legal systems in Tunisia, Germany and France. The discussions also addressed the peculiar challenges of digitisation in the field of the judiciary system, the legal effects on digital transition and the question, how far can the legal system keep up with digitisation. There was an overall consensus that digitisation now is a central challenge, which must be accompanied by law.
IRZ is planning more in-depth events in 2022 on this topic.
The IRZ organised a face-to-face workshop in Tunis from 8-9 March 2022 with the Tunisian Ministry of Justice and the Tunisian penitentiary authorities (Comité Général des Prisons et de la Rééducation/CGPR) on the theme “Rehabilitation Plan, Preparation for release and Reintegration”.
The workshop was designed as exchange of experience on potential procedures to establish individual rehabilitation plans, to determine individual therapy programmes for prisoners, to prepare prisoners for release (transition management) and to discuss the methodology for successful reintegration of offenders after their release from prison.
The Tunisian partners were represented at a high level by Mr Imed Derouiche, Prosecutor General and Director of the Judiciary at the Tunisian Ministry of Justice and Mr Cherif Snoussi, Head of the General Directorate of Prisons and Rehabilitation for the Tunisian penitentiary authorities.
In accordance with the theme of the workshop, the Tunisian contingent was represented by the professional groups involved in prison planning, the preparation of prisoners for release and the reintegration of inmates released from prison. Participants from the penitentiary judiciary, the legal profession and sociologists, psychologists and representatives from the Ministry of Justice also attended the workshop along with members of the penitentiary authorities and the prison service.
The German team comprised the following experts:
Kai Abraham, Correctional Officer at the Justizvollzugsanstalt für Frauen, Berlin (women’s correctional facility)
Pascal Décarpes, Criminologist and international advisor to the European Union on the penitentiary system and resocialisation
The Tunisian partner institutions were represented by the following experts:
Mounir Ben Nsir, General Advisor, penitentiary authority
Tarek Elfanni, General Advisor, penitentiary authority
Issemeddine El Amine, General Advisor, penitentiary authority
Mohamed Miled, General Advisor, penitentiary authority
The penal and prison legislation in Tunisia has undergone a fundamental and comprehensive process of reform since 2014. In terms of the penitentiary system, the focus is on improving prison conditions, implementing international human rights standards and strengthening the resocialisation measures for released offenders. Successful reintegration of released prisoners should contribute to reducing the recidivism rate and thus counteract the steadily growing overcrowding of prisons in Tunisia.
The IRZ is contributing to this reform process through consultations which aim to humanise the penal system in the long term.
On 5 November 2021, the first issue of the legal journal "Kitabat" (French title "Ecrits") was ceremonially presented in Tunis. The joint project of IRZ and the Research Centre for Dispute Resolution and Enforcement Methods of the Faculty of Law and Political Science of the Université de Tunis El Manar is funded under the institutional grant of the Federal Ministry of Justice. Its aim is to make legal expertise and the exchange of experiences on various topics accessible not only during the IRZ events. The first issue of the legal journal contributes to the scientific and practical cooperation between Tunisian, French and German lawyers and promotes the exchange on current legal problems.
Due to the effects of the COVID-19 pandemic, the topic of digitalisation has become more prominent in many areas of life and work. Not only in the German judiciary, but also in the partner countries of the Africa project section, the topic is intensively discussed and associated with the demand for a development push and thus a faster and stronger digitalisation. Against this background, the IRZ Africa project section conceived a series of events dedicated to the multifaceted topic of "Digitalisation of the Judiciary".
Following on from this series of events, Tunisian, French and German authors deal with this complex of topics in the first issue of the legal journal. In over 500 pages, lawyers from practice and academia exchange views on the digitalisation of the judiciary and other current legal debates.
The contributions from Tunisia, France and Germany are published in French or Arabic. In addition, expert articles in French, Arabic and German are summarised in a résumé.
Since the multi-faceted and multilingual journal has a lasting effect on the exchange of experience that takes place at IRZ events, further issues on current legal topics are planned for the future. The successful cooperation of IRZ with the Research Centre for Dispute Resolution and Enforcement Methods of the Faculty of Law and Political Science of the Université de Tunis El Manar is to be continued.