A. Kościółek/M. Markoulakis/K. Flaga-Gieruszyńska..., Digitalization of civil proceedings and AI in civil trial in Polish and Greek Law, 2026

Table of Contents

Series Editors’ Foreword

Opening of the conference (by Prof. Em. Kalliopi Makridou)

E-Civil Trial: Digitalisation of civil litigious proceedings in Poland (by Prof. Dr. Anna Kościółek)

I. Introduction

II. Electronic writ of payment proceedings (electronic order for payment proceedings)

a. Introductory remarks

b. The scope of electronic writ of payment proceedings

c. E-court and its judicial actions

d. Procedural actions of the claimant

e. Procedural actions of the defendant

f. Summary

III. Electronic service of pleadings and court documents

a. Introductory remarks

b. Electronic official service

c. Electronic direct service

IV. Electronic filing of pleadings

a. Introductory remarks

b. Mandatory submission of pleadings via the information portal

c. Attachments to pleadings submitted via the information portal

d. Technical problems

e. Procedural consequences of filing a pleading outside the information portal.

f. Procedural consequences of unauthorized filing of a pleading via the information portal

g. Transitional measures

V. Remote court sessions

a. Introductory remarks

b. The concept of remote court sessions and the scope of their application

c. Decision to order a remote court session

d. Participation in a remote court session

e. Identification of the participants

f. Publicity of remote court sessions

VI. Remote taking of evidence

a. Introductory remarks

b. Scope of application of remote taking of evidence

c. Decision on remote taking of evidence

d. Objection to remote taking of evidence

VII. Non-litigious proceedings

a. Introductory remarks

b. Registration proceedings

c. Land and mortgage proceedings

VIII. Concluding remarks

E-Civil Trial under Greek Law (by Ass. Prof. Dr. Michail Markoulakis)

I. Introduction

II. Guiding Principles and Limitations for the Digitalization of Justice

III. Electronic filing of judicial documents

1. The evolution of the legal framework concerning e-filing

a) The modification of Art. 119 CCP with Law 3994/2011

b) The Presidential Decrees 25/2012 and 150/2013

c) Law 4335/2015

d) The Integrated System of Civil and Criminal Justice Case Management (OSDDY-PP)

e) Law 4842/2021

f) Law 5221/2025

g) Law 5282/2026: the introduction of the new Art. 119 par.

2. The e-filing of judicial documents in detail

a) The basic principles and requirements of the e-filing

b) The procedure of e-filing in detail

c) The requirement of a qualified electronic signature

d) The time limit in the case of e-filing

e) Issuance of electronic certificates by the courts

3. The filing of pleadings and evidentiary documents in detail

a) The filing of the parties’ pleadings

b) The submission of evidentiary documents

4. The procedure for small claims

5. The example of e-filing in the Cadaster as a preview of the future

IV. Electronic service of judicial documents

1. Regulation No 2020/1784

2. Electronic service under Greek Law (Article 122 A CCP)

a) The evolution of the legal framework

b) The basic features and requirements for e-service

c) The technical details (Ministerial Decision No 18407/2022)

3. Serving the summons in proceedings for provisional judicial protection (Art. 686 par. 4 CCP)

4. Electronic service of documents on the Cadaster

V. The digital case file

1. The electronic court docket and the electronic book of orders for the taking of evidence

2. The digital case file

VI. Communication between the court and the parties/lawyers by means of modern technology

1. Notification of lawyers on the progress of the case via SMS

2. Communication between the courts and the lawyers/parties by email

3. Notification of the opposing party by filing for restitution to the previous state

VII. Conducting the hearing and examination of witnesses by videoconference

1. Evolution of the legal framework

2. The Presidential Decree 142/2013

3. The compatibility with the principles of immediacy and publicity

4. Taking a sworn attestation by videoconference

VIII. Holding judicial deliberations by videoconference

IX. Concluding remarks

E-auction under Polish Law (by Prof. Dr. Kinga Flaga-Gieruszyńska)

1. Introduction

2. Sale of movable property by electronic auction

2.1. Status of sale of movable property by electronic auction as a method of sale.

2.2. The course of sale by electronic auction

2.2.1. Initiation of the electronic auction

2.2.2. Deposit in an electronic auction. Identity and authority of the person participating in the auction

2.2.3 Conduct of the auction in the ICT system

2.2.4. Complaint against the acts of the court bailiff in an electronic auction

2.2.5. Obligations of the purchaser. Waiver of acquisition

2.2.6. Technical and organisational aspects

3. Sale of immovable property by electronic auction

3.1. Status of sale of immovable property by electronic auction as a method of sale

3.2. Specific features of the electronic auction of immovable property

3.2.1. Initiation of the electronic auction of immovable property

3.2.2 Deposit in the electronic auction of immovable property

3.2.3 Conduct of the electronic auction of immovable property

3.2.4. Complaint against the acts of the court bailiff

3.2.5. Acts following the conclusion of the electronic auction. Award of the sale

3.3. Technical and organisational aspects

4. Conclusions

Electronic Auctions under Greek Law: Selected Procedural and Interpretative Issues (by Ass. Prof. Dr. Dimitrios K. Michiotis)

I. Introductory Remarks

II. The Electronic Auction as a Means of Realizing Seized Assets: The Path towards the Digitalization of Enforcement Law

A. The Question of the Legal Nature of the Compulsory Auction

B. The Exclusively Electronic Character of the Auction under Greek Law

C. Comparative Perspective

D. Critical Remarks: The Electronic Auction in the Light of the Public Character of Enforcement Proceedings

III. Procedure for Conducting the Electronic Auction

A. Issues of Place, Time and the Specific Manner of Conducting the Electronic Auction

B. The Problem of Concurrent Electronic Auctions of the Same Seized Asset on the Same Day before the Same Notary

C. Capacity to Bid and the Obligation to Provide a Deposit

D. Inability to Conduct or Interruption of an Electronic Auction Due to Technical Reasons

IV. Cancellation of the Scheduled Electronic Auction

A. The Underlying Issue: The “Collective” Character of the Law of Compulsory Enforcement, Despite Its Principally Individual Nature

B. On the Possibility of a Private Sale of the Seized Asset (Article 998 para. 6 GrCCP): The Systematic Integration of a Divergent Regulation

V. Completion of the Electronic Auction

A. Unsuccessful Auctions

B. Manifest Error in the Electronic Submission of a Bid and Its Effect on the Validity of the Auction

1. The Issue

2. The Views Advanced in Legal Scholarship

3. The Solutions Adopted by the Case Law

4. Critical Observations

C. Adjudication to the Enforcing Creditor

D. Transfer of Ownership to the Successful Bidder

VI. Summary of Findings

Between Doing Justice and Data Processing: Artificial Intelligence and the Limits of Automation in Polish Civil Trial (by Prof.Andrzej Olaś)

1. Introduction

2. Sources of Law Governing Artificial Intelligence in Polish Civil Proceedings.

2.1. Preliminary Remarks: A Multi-Level Normative Framework

2.2. International Human Rights Law

2.2.1. The European Convention on Human Rights

2.2.2. The International Covenant on Civil and Political Rights

2.3. European Union Law

2.3.1. The EU AI Act

2.3.2. The Charter of Fundamental Rights

2.3.3. The General Data Protection Regulation

2.4. The Polish Constitutional Framework

2.5. Statute Law and Subordinate Legislation

2.5.1. The Code of Civil Procedure

2.5.2. The AI Act and the Legislative Outlook for Polish Law

2.6. The Legislative History: From Computerisation to AI

3. The Concept and Definitions of AI in Polish Legal Scholarship

3.1. The Definitional Challenge

3.2. Principal Definitional Approaches

3.2.1. Anthropocentric Definitions

3.2.2. Structural and Functional Definitions

3.2.3. The EU AI Act Definition and Its Reception in Polish Legal Scholarship

3.3. Operationally Significant Distinctions

3.3.1. Weak AI, Strong AI and GPAIs

3.3.2. Rule-Based Systems and Machine Learning

3.3.3. AI and Related Concepts

3.4. Working Definition for the Purposes of This Analysis

4. Classifications of AI Systems Used in the Judiciary and Possible Applications of AI in Civil Proceedings

4.1. Preliminary Remarks: Two Perspectives on AI in Civil Proceedings

4.2. AI Architecture: Symbolic, Sub-Symbolic, and Hybrid Systems

4.3. Models of Automation: Full Automation and Semi-Automation

4.4. Possible Applications in Civil Proceedings: A Taxonomy

4.4.1. Non-Adjudicative and Organisational Applications

4.4.2. AI as Judicial Assistant

4.4.3. AI in the Role of Court Referendary

4.4.4. AI as Decision-Maker: Adjudicative Automation in Simple and Standardised Cases

5. Constitutional Conditions for the Use of AI in Civil Proceedings

5.1. Introduction

5.2. The Spectrum of Scholarly Approaches

5.3. The Principle of Judicial Administration of Justice and the Essential Core of Judicial Power

5.4. The Right to a Court and the Right to a Fair Trial

5.4.1. The Constitutional Concept of a ‘Court’ and Its Essential Elements

5.4.2. Access to Court and the Right to a Binding Judicial Ruling

5.4.3. Judicial Independence and Impartiality in the Context of AI

5.4.4. The Right to a Fair Procedure: Transparency, Reasons, the Right to be Heard, and Equality of Arms

5.4.5. The Right to an Effective Remedy and Appellate Review of AI-Assisted Decisions

5.5. Democratic Legitimacy and the Principle of habeas potestatem humanam

5.6. Human Dignity and the Prohibition of Dehumanisation

5.7. Synthesis: The Constitutional Threshold of AI Admissibility

6. Codified Principles of Polish Civil Procedure and the Limits of AI Deployment

6.1. Preliminary Remarks: Scope and Methodology

6.2. The Principle of Truth and the Principle of Free Assessment of Evidence

6.2.1. The Principle of Truth: The Polish Doctrinal Framework

6.2.2. AI Deployment and the Truth Principle

6.2.3. The Principle of Free Assessment of Evidence

6.3. Immediacy and Orality: The Problem of the Automated Hearing

6.3.1. The Principles Defined

6.3.2. The Limits of Automation at the Hearing

6.4. The Concentration of Proceedings and the Discretion Problem

6.4.1. The Principle and Its Current Architecture

6.4.2. Why the Discretionary Exemptions Cannot Be Automated

6.5. Procedural Formalism, Judicial Case-management, and the Question of IT Norms

6.5.1. The Principles

6.5.2. The Algorithmic Translation Problem

6.5.3. IT Norms in Civil Procedure: Legislative Implications

6.6. Party Equality and Technological Asymmetry

6.6.1. The Principle of Equality in Civil Proceedings

6.6.2. Technological Asymmetry as a New Form of Material Inequality

6.6.3. Implications for the Regulation of AI in Civil Proceedings

6.7. The Principle of Disposition: Cross-Reference to the Analysis of Party Autonomy

7. Party Autonomy, Contractualisation, and the Opt-In/Opt-Out Problem

7.1. Introduction: The Autonomy Dimension of AI in Civil Proceedings

7.2. Constitutional and Procedural Foundations of Party Autonomy

7.3. The Contractualisation of Civil Proceedings: Phenomenon and Limits

7.4. Opt-In Models: AI Adjudication Based on Party Consent

7.5. Opt-Out Possibilities: Party Rights to Resist AI-Assisted Proceedings

8. AI in Polish courts – current uses, ongoing developments and future outlooks

8.1. The Advancing Legal Profession and the Lagging Courts: A Growing Asymmetry

8.2. Judges and AI: The Problem of the Grey Zone

8.3. Current Applications: Anonymisation and Automated Transcription

8.4. The Digital Court Programme and other institutional initiatives

8.5. Court Registers and the Limits of Current Automation

8.6. AI in Out-of-Court Dispute Resolution: A More Advanced Frontier

8.7. Assessment: Promise, Risk and the Imperative of Structured Governance

9. Conclusions

AI in Civil TrialEuropean and Greek Regulatory Framework, Contemporary Applications in Civil Litigation, and Incipient Reflections on Fair Trial Guarantees (by Tutor-Dr. Eugenia Ferentinou)

§ 1. Introduction

§ 2. (Legal) AI: The complexities of Its Definition

A. The Arduous Task of Defining Artificial Intelligence

I. The OECD’s and the European Union’s AI Regulation Definitions.

II. Better describing AI’s Capabilities Rather Than Defining It?

§ 3. The EU’ s Regulatory Framework on Legal AI

A. Classification of Legal AI as High-Risk, Its Rationale and Exceptions

I. The Rule

II. The Exceptions

B. The Relevant Mandatory Requirements for High-Risk Legal AI

§ 4. The Legal Framework for Artificial Intelligence in Greece

§ 5. Artificial Ιntelligence as a Progressive Step Forward in the Digitisation of Civil Litigation

A. Preliminary Remarks

B. The 3-Tier Classification of AI Applications in Civil Proceedings

I. AI as an Organisational Tool (Level 1)

II. AI as a Decision-Making Support Tool (Level 2)

III. Automation of Judicial Decision-Making (Level 3)

C. Contemporary and Proposed AI Applications within the Greek Judiciary

§ 6. Artificial Intelligence and Fair Trial Rights in Civil Litigation

A. Introduction: The Dilemma of AI Integration in Judicial Systems

B. The ‘Black-Box’ Problem

I. A Contemporary Threat to the Right to a Reasoned Judgment

II. The Jurisprudential Response to AI Opacity

C. Judicial Impartiality, Algorithmic Discrimination, and Automation Bias

D. Adversarial Proceedings and the Principle of Equality of Arms

§ 7. Epilogue

Final Conclusions (by President of the Piraeus Court of Appeal Ioanna Mamali)

I. Preliminary Remarks

II. First Thematic Section: E-civil trial

III. Second thematic section: Artificial Intelligence and Civil Proceedings

IV. Third Thematic Section: E-auction

V. In lieu of an epilogue