Digital Participation at Criminal Trials in Europe – Toward a Paradigm Shift?

Abstract The digitalization of criminal trials in Europe represents a transformative shift from traditional, physical courtroom settings to virtual participation. This transition, though driven by efficiency purposes, cost reduction, and enhanced access to justice, presents great challenges to the right to effective participation at trial as enshrined in Article 6 echr and EU law. By analyzing ECtHR jurisprudence and EU legal instruments, this paper critiques the inadequacy of current approaches adopted by both frameworks, including the ‘normative equivalence’ and ‘tolerable differences’ models, which assumes that physical and digital participation, respectively, to be equivalent or at least, comparable. This article calls for abandoning outdated paradigms, advocating for a new framework rooted in digital rights tailored for a brand-new digital justice, in the light of the 2023 European Declaration on Digital Rights.