Abstract
In 2011, the Consultative Council of European Judges produced an Opinion on justice and information technologies. It was my privilege to act as the supporting expert. This article is a reflection on the process of Opinion 14 and on its final product. It includes an evidence-based analysis of the state of IT in courts in Europe. It provides some insights into the opportunities and risks relating to IT in courts. This article also looks forward, in preparation for the International Conference on Court Administration in The Hague in June 2012. It closes with a critical evaluation of the way IT is changing courts and judiciaries.
Highlights
In 2011, the Consultative Council of European Judges produced an Opinion on justice and information technologies
A Good Thing First of all, it is important to note that the Conseil Consultatif de Juges Européens (CCJE) welcomes IT as a means to improve the administration of justice, for its contribution to the improvement of access to justice, case-management and the evaluation of the justice system and for its central role in providing information to judges, lawyers and other stakeholders in the justice system as well as to the public and the media
Article 6 of the European Convention on Human Rights Leading in the process of producing the Opinion was the application of Article 6 of the European Convention of Human Rights (ECHR)
Summary
Article 6 ECHR and Opinion 14 Access to justice is a very general concept that is relevant to judges and courts in different ways. Access to courts Access to courts is a service to citizens that can improve the individual’s chance of a just resolution of a legal problem When courts publish their own decisions directly for the public, this increases their role as upholders of legal norms and standards, what is known as their shadow function. In the UK-England and Wales, which did not participate in de CCJE survey, there is an example of a stage 4 procedure: Money Claim On line (MCOL) and Possession Claim On Line (PCOL) These processes both support full electronic transactions. At present, innovation in access to justice in courts in Europe is mostly in stage 1 (information service) and 2 (web forms) external communication with the users of the courts. In countries where case law is made available to the general public on the Internet, this strengthens the shadow function of the courts, their role as guardians of norms and of the law
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