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European Case Law Identifier

Rome

14 October 2014

Marc van Opijnen

Knowledge Center for Official Governmental Publications Ministry of the Interior and Kingdom Relations

the Netherlands

[email protected]

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Topics

Why ECLI?

The ECLI ecosystem:

Identifier

Metadata

National co-ordinator

European ECLI portal

Implementation: state of play

Future work.

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Why ECLI?

Legal research problems:

How to cite a judgment (cross-border)?

How to find a judgment?

By identifier

By metadata

How to find citations to a judgment (in case law or legal doctrine)?

Cilfit: obligation for the national judge

to consult case law of other MS.

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ECLI Ecosystem 1: Identifier

Identifies the judgment, not the case

Identifies the judgment at an abstract level, not a specific document

Vendor and medium neutral

As citation readable by humans and computers

Not (necessarily) replacing national identifiers

Fixed format of (always) five elements:

country:court: year: number NL: HR: 2012: 938

ECLI:

ECLI:

EU:C:1982: 335 ECLI:

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ECLI Ecosystem 2: Metadata

Based on international standard 'Dublin Core'

Mandatory / optional

Most allow different language versions, e.g.

an English summary on a Spanish judgment

Technical scheme available.

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ECLI Ecosystem 3: National Co-ordinator

Court codes

Fifth part of ECLI

Maintain information on e-Justice portal

National implementation, technical and organizational

Introduction in stages

With or without historical records

Connecting to the EU ECLI portal.

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ECLI Ecosystem 4: EU portal

Part of the European e-Justice portal.

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Implementation: State of Play

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Implementation ECLI

Court of Justice of the European Union

Board of Appeal

European Patent Office European Court of Human Rights

(Partly) implemented and public Work in progress

No implementation started Non-EU

Legend

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EN

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DE

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NL

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Future Work

Going live of the portal (2015-Q1)

More implementations of ECLI

More countries / organizations

More courts within participating entities

Historical records

More secundary data providers

Better embedded within the European

legal semantic web.

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No results

No explicit metadata

No uniform standard (CELEX / ELI)

If in text: not recognized:

Too many citation styles.

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What is needed?

Proper citation

Preferably: hyperlinked …

Alternatively: link extractors

Computers recognize the citation and converts it into a standardized hyperlink

Advantages

Click on any legal citation (case law, national or European legislation, parliamentary documents)

Search on links, e.g.: give me all national case law making a reference to the Cilfit judgment, or

Regulation (EC) nr. 1408/71. 22

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Thank you

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