Challenges and opportunities in digitalising European justice systems: From national e Justice to the EU cross border exchange of judicial documents experience (original) (raw)

Justice systems and ICT: What can be learned from Europe?

2007

The rapid development of information and communication technologies (ICT) opens up new opportunities to significantly improve the administration of justice. The availability of web services, the use of electronic filing, the electronic exchange of legal documents, the possibility of on-line legislation and case law are only some examples that are spurring judicial administrations around the world to rethink their current functions and activities. ICT can be used to enhance efficiency, access, timeliness, transparency and accountability, thus helping judiciaries to provide adequate services. As many empirical examples show, this is, however, not always the case. The interaction between technology and highly regulated organisations, such as courts, may often lead to unexpected results. Europe, with its different institutional settings and experiences, allows the exploration of a variety of solutions that can be implemented to support the administration of justice. Most importantly, it also provides the opportunities for a unique insight into the dynamics and problems that may characterize such experiences. This article seeks to provide an empirically derived account on the uses of ICT within the courts and for judicial data interchange. The article is based on data collected through several research projects by the Research Institute on Judicial Systems of the Italian National Research Council, in partnership with other European institutions, including Universities and Ministries of Justice.

Making the Rule of Law Great Again: The Building of the Digital Rule of Law in the European Union

Springer Open Access, 2023

This chapter examines the legislative and judicial dimensions of the digital rule of law in the EU and its current and future building. We argue that adjudication in EU law related to the digital rule of law is destined to grow as it is fostered by the new legislation in digitalisation and a proactive Court of Justice eager to interpret the rights enshrined under the Charter. The building of the digital rule of law takes the form of an increased reliance on the Charter in horizontal situations and an increasing application of the principle of proportionality before the courts, including a balancing of fundamental rights. In this chapter, we will examine the reasons for this growth in EU litigation within the digital field and whether this constitutes a positive development for the protection of the rule of law in the EU, thus making the rule of law great again in a time of ‘rule-of-law anxiety’.

Critical evaluation of new Council of Europe guidelines concerning digital courts

Review of European and Comparative Law, 2022

Digitalisation of courts plays an increasingly important role in dispute resolution. It has the ability to improve access to justice by facilitating faster and less costly access to courts, thereby making dispute resolution more effective and efficient. However, wide use of digital courts also has the potential to restrict access to justice. Attention needs to be given to issues of authentication and identification of the parties, digital divide, cybersecurity and personal data protection. This paper concerns recent guidelines of the Council of Europe that aim to fully address these issues and assist member States in ensuring that implemented digital techniques in the courts do not undermine human dignity, human rights and fundamental freedoms. The author answers and critically evaluates the specific questions and doubts relating to the content of the guidelines. The author’s recommendations can be taken into consideration by the Council of Europe in future updates of the guidelines.

E-Justice Platforms: Challenges for Judicial Governance

International Journal for Court Administration, 2022

This article discusses e-justice platform development and its implications for judicial governance. Procedural decisions and court work processes can now be encoded into the digital court work environment. This may affect fundamental values such as fair procedure and judicial impartiality and independence.

Deal on Digitalised Judicial Cooperation in the EU

EAPIL blog, 2023

The European Commission proposed a Regulation and a Directive in December 2021 to digitalize judicial cooperation and improve access to justice in cross-border civil, commercial, and criminal matters, especially during force majeure events like pandemics. On 28 June 2023, Parliament and Council negotiators agreed on these proposals, which will soon be voted on by the European Parliament. The legislation aims to facilitate digital communication, including electronic documents and videoconferencing, through an IT system managed by the European Commission. It also emphasizes inclusive digitalisation to ensure fair trial rights for all, including those with disabilities. Additionally, new rules will allow for videoconferencing in hearings, establish a European electronic access point, and promote electronic fee payments, with additional training for justice professionals encouraged.

Connecting the European e-Justice Community: Towards a New Governance Model for e-CODEX

Ciências e Políticas Públicas / Public Sciences & Policies, 2019

The latest Multiannual European e-Justice Action Plan (2014-2018) embraced e-CODEX as the solution for achieving cross-border judicial cooperation by facilitating the digital exchange of case related data. Since the start of the project in December 2010, e-CODEX has transformed from a ambitious project to an operational Digital Service Infrastructure (DSI) in the judicial domain. Currently, the focus lies on the transition of the e-CODEX The work reported in this document has been part of the collaboration within the European Me-CODEX project, co-financed by the Justice Programme. While this work aims to provide input and support the ongoing discussions on e-CODEX sustainability and future governance, the opinions expressed here solely express the views of the authors.

Judicial electronic data interchange in Europe: applications, policies and trends

2003

The reports presented here deal with several issues related to judicial electronic data interchange in Europe, Singapore and Australia. They describe what is currently in use and what is being planned in areas such as: ICT infrastructures and rules for judicial electronic data interchange, exchange of data and information between the public and the courts; exchange of data and information among the courts and between the courts and other judicial agencies; strategies and barriers for the development of electronic data interchange.

Adapting Justice to Technology and Technology to Justice: A Coevolution Process to e-Justice in Cross-border Litigation

European Quarterly of Political Attitudes and Mentalities, 2019

textabstractDuring the last decades, the EU has actively encouraged and pursued the digitalisation of European procedures at various levels (e.g. use of technology in court proceedings, dedicated online portals, digital handling of European procedures). In building an EU e-justice system to facilitate and support cross-border litigation, law and technology need to be properly assembled in a common system interconnecting national and European systems. This paper explores the complexity digitisation of cross-border procedures involves and the coevolution of the components on which such an e-justice system rely. In this process, the European uniform procedures – the European Order for Payment and the European Small Claims Procedure – have been used to test the possibilities of full digital handling of procedures as they can support the use of electronic communication means at various stages of the proceedings. Developing an EU e-justice system is not without problems as digitisation is...