The Global Code of Digital Enforcement: Embracing Innovation in Justice

 
 
 
The Global Code of Digital Enforcement
 
 
Guiding principles of enforcement
 
Provisional measures
 
Enforcement measures
 
Enforcement officers
 
The Global Code of Enforcement
 
 
A tool of good governance
 
A model law
 
Innovative
 
A new balance
 
 
The Global Code of Enforcement
 
 
The Global Code of Enforcement
introduces modern concepts such as
 
Amicable enforcement
 
Participatory enforcement
 
Soft enforcement
 
 
The Global Code of Enforcement can
serve as a legislative model
It responds to new economic factors
The right to effectively enforce is a
key tool for economic development
The enforcement process must be
effective, efficient and equitable
 
 
The world is changing and evolving
New challenges are waiting for us!
We should support digitalization of justice, but we
should NEVER allow the new technologies will
replace us!
 
 
Digitalization has become a global
phenomenon
 
Enforcement professionals are
strongly impacted by the
digitalization of justice
 
Defining universal principles which
states should introduce into their
national legislation to govern the
use of digital technology in the
enforcement of court decisions
 
Promotion of a balanced
enforcement system
 
The Global Code of Digital
Enforcement
 
 
e-enforcement
 
enforcement on digital assets
 
e-enforcement on digital assets
 
The Global Code of Digital
Enforcement
 
 
Structured in 7 parts:
 
1)
General Principles of Digital
Enforcement
 
2)
Applicable Law to Enforcement
 
3)
Principles specific to the activity
of judicial officers
 
4)
Digital Enforcement Procedure
 
5)
Enforcement on Digital Assets
 
6)
Use of Artificial Intelligence in
Enforcement
 
7)
Seizure of Crypto-Assets
 
The Global Code of Digital
Enforcement
 
 
1)
General Principles of Digital
Enforcement
 
The 
fi
rst two articles relate to “respect for
fundamental rights” and respect for “the ethical
principles of digital use”.
 
D
igitalization should not be an end in itself and
can only be conceived with respect for human
rights.
 
There are also a series of guarantees aimed at
protecting against the risks associated with the
use of arti
fi
cial intelligence.
 
The Global Code of Digital
Enforcement
 
 
 
2)
Applicable Law to Enforcement
 
 
The principle is that identi
fi
ed and accessible
digital assets are seized in accordance with
the law of their location, in compliance with
the principle of territoriality of
enforceability. With regard to unidenti
fi
ed or
inaccessible digital assets, it is recommended
to apply the law of the State that controls or
ordered the enforcement.
 
The Global Code of Digital
Enforcement
 
 
 
3)
Principles specific to the activity
of judicial officers
 
The main idea is to allow enforcement
agents to use digital tools to carry out their
activities.
 
Regarding their activities and with the focus
on the digitalization of justice, judicial
officers should
-
Have the possibility
 to use digital tools
-
Have the knowledge
 to use digital tools
but also
-
Have the possibility to NOT
 use digital
tools
 
The Global Code of Digital
Enforcement
 
 
 
4)
Digital Enforcement Procedure
 
 
After outlining the general principles (such
as the creation of dematerialized seizures,
while maintaining physical non-digital
seizures), the focus here is also on electronic
access to data.
 
 
The Global Code of Digital
Enforcement
 
 
 
5)
Enforcement on Digital Assets
 
 
In order to be able to carry out enforcement
on digital assets, the procedures for locating
and seizing them must be adapted.
 
In this regard, it is speci
fi
ed, for example,
that national laws should de
fi
ne seizure
procedures adapted to digital assets and
regulate their legal regime.
 
The Global Code of Digital
Enforcement
 
 
 
6)
Use of Artificial Intelligence in
Enforcement
 
Arti
fi
cial intelligence is intended to help
enforcement agents to assess the
appropriate enforcement measures.
 
I
t is important to allow the enforcement
agents the possibility of setting up a “smart
enforcement” mechanism.
 
The use of blockchain technology is also key
for the enforcement agents, together with
the debtor and the creditor, to set up an
automated process of compulsory
enforcement, particularly when payments
are made by cryptocurrency.
 
The Global Code of Digital
Enforcement
 
 
 
7)
Seizure of Crypto-Assets
 
I
t is recommended to create a national
crypto-assets register and an obligation for
the debtor to declare his crypto-assets to the
enforcement agent in charge of
enforcement.
 
In addition, a distinction is made between
the seizure of crypto assets in the hands of a
third party (e.g. exchange platform) or the
seizure in the hands of the debtor.
 
 
The Global Code of Digital
Enforcement
 
www.uihj.com
 
 
 
 
Thank you very much for
your attention!
Slide Note
Embed
Share

The Global Code of Digital Enforcement introduces modern concepts and principles to govern the use of digital technology in enforcing court decisions. It promotes a balanced enforcement system by addressing the impact of digitalization on enforcement professionals and offering guidelines on e-enforcement, digital assets, and the use of artificial intelligence. With structured sections covering general principles, applicable laws, enforcement procedures, and more, this code aims to adapt to new economic factors and ensure effective, efficient, and equitable enforcement processes in a rapidly evolving world.

  • Digital Enforcement
  • Innovation in Justice
  • Balanced Enforcement System
  • Modern Concepts
  • Enforcement Professionals

Uploaded on Aug 08, 2024 | 0 Views


Download Presentation

Please find below an Image/Link to download the presentation.

The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.

E N D

Presentation Transcript


  1. The Global Code of Digital Enforcement

  2. The Global Code of Enforcement Guiding principles of enforcement Provisional measures Enforcement measures Enforcement officers

  3. The Global Code of Enforcement A tool of good governance A model law Innovative A new balance

  4. The Global Code of Enforcement introduces modern concepts such as Amicable enforcement Participatory enforcement Soft enforcement

  5. The Global Code of Enforcement can serve as a legislative model It responds to new economic factors The right to effectively enforce is a key tool for economic development The enforcement process must be effective, efficient and equitable

  6. The world is changing and evolving New challenges are waiting for us! We should support digitalization of justice, but we should NEVER allow the new technologies will replace us!

  7. The Global Code of Digital Enforcement Digitalization has become a global phenomenon Enforcement professionals are strongly impacted by the digitalization of justice Defining universal principles which states should introduce into their national legislation to govern the use of digital technology in the enforcement of court decisions Promotion of a balanced enforcement system

  8. The Global Code of Digital Enforcement e-enforcement enforcement on digital assets e-enforcement on digital assets

  9. The Global Code of Digital Enforcement Structured in 7 parts: 1) General Principles of Digital Enforcement 2) Applicable Law to Enforcement 3) Principles specific to the activity of judicial officers 4) Digital Enforcement Procedure 5) Enforcement on Digital Assets 6) Use of Artificial Intelligence in Enforcement 7) Seizure of Crypto-Assets

  10. The Global Code of Digital Enforcement 1) General Principles of Digital Enforcement The first two articles relate to respect for fundamental rights and respect for the ethical principles of digital use . Digitalization should not be an end in itself and can only be conceived with respect for human rights. There are also a series of guarantees aimed at protecting against the risks associated with the use of artificial intelligence.

  11. The Global Code of Digital Enforcement 2) Applicable Law to Enforcement The principle is that identified and accessible digital assets are seized in accordance with the law of their location, in compliance with the principle of enforceability. With regard to unidentified or inaccessible digital assets, it is recommended to apply the law of the State that controls or ordered the enforcement. territoriality of

  12. The Global Code of Digital Enforcement 3) Principles specific to the activity of judicial officers The main idea is to allow enforcement agents to use digital tools to carry out their activities. Regarding their activities and with the focus on the digitalization of justice, judicial officers should - Have the possibility to use digital tools - Have the knowledge to use digital tools but also Have the possibility to NOT use digital tools -

  13. The Global Code of Digital Enforcement 4) Digital Enforcement Procedure After outlining the general principles (such as the creation of dematerialized seizures, while maintaining seizures), the focus here is also on electronic access to data. physical non-digital

  14. The Global Code of Digital Enforcement 5) Enforcement on Digital Assets In order to be able to carry out enforcement on digital assets, the procedures for locating and seizing them must be adapted. In this regard, it is specified, for example, that national laws should define seizure procedures adapted to digital assets and regulate their legal regime.

  15. The Global Code of Digital Enforcement 6) Use of Artificial Intelligence in Enforcement Artificial intelligence is intended to help enforcement agents appropriate enforcement measures. to assess the It is important to allow the enforcement agents the possibility of setting up a smart enforcement mechanism. The use of blockchain technology is also key for the enforcement agents, together with the debtor and the creditor, to set up an automated process enforcement, particularly when payments are made by cryptocurrency. of compulsory

  16. The Global Code of Digital Enforcement 7) Seizure of Crypto-Assets It is recommended to create a national crypto-assets register and an obligation for the debtor to declare his crypto-assets to the enforcement agent enforcement. in charge of In addition, a distinction is made between the seizure of crypto assets in the hands of a third party (e.g. exchange platform) or the seizure in the hands of the debtor.

  17. www.uihj.com

  18. Thank you very much for your attention!

Related


More Related Content

giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#giItT1WQy@!-/#