The Global Code of Digital Enforcement

Doctrinal, Technological and Prospective Analysis of a Soft Law Instrument in the Era of Digital Justice

Abstract

This article provides a doctrinal, technological, and prospective analysis of the Global Code of Digital Enforcement, adopted by the International Union of Judicial Officers (UIHJ) in 2021 as a soft law instrument intended to guide the enforcement of judicial decisions in the context of the digital transformation of justice. Building on the 2015 Global Code of Enforcement, the digital version responds to the dematerialisation of procedures, the expansion of electronic registries, the emergence of digital assets, and the increasing use of artificial intelligence in enforcement processes. From a doctrinal perspective, the study examines the internal coherence, principles, and normative scope of the Code, emphasising its effort to reconcile the effectiveness of enforcement with fundamental rights, due process, data protection, and the principle of proportionality. Particular attention is given to the continued role of judicial oversight and to the ethical governance of automated systems. From a technological standpoint, the article analyses how the Code addresses issues such as access to digital data, interoperability of registries, cybersecurity, and the seizure of intangible assets, including crypto-assets, non-fungible tokens (NFTs), and domain names. Finally, adopting a prospective perspective, the article evaluates the Code’s potential influence on national and European legal systems. Recent case law relating to the seizure of NFTs in the Netherlands and domain names in Belgium is examined to illustrate the growing practical relevance of the standards promoted by the Code in contemporary enforcement practice.