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LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004

LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004. CONCERNING THE USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY IN THE JUDICIAL SYSTEM. SOME COMMENTS ON THE CASE STUDY - ROMANIA. Fernando Galindo Nicolae Costake

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LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004

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  1. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 CONCERNING THE USE OF INFORMATION AND COMMUNICATIONS TECHNOLOGY IN THE JUDICIAL SYSTEM. SOME COMMENTS ON THE CASE STUDY - ROMANIA Fernando Galindo Nicolae Costake University of Zaragoza Consultant (CMC) Director of LEFIS Project Participant to LEFIS project cfa @ unizar. posta. Es ncke @ starnets. ro Presented by Sorin Barbulea University Politehnica of Bucharest sorbaus @ yahoo. com August 2004 Zaragoza and Bucharest

  2. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 ROMANIAN TEAM for LEFIS Nicolae Costake ncke @ starnets.ro (CMC), Sergiu Iliescu sergiu.iliescu @ xnet.ro, Patricia Arsene parsene@ yahoo.com, Sorin Barbulea sorbaus@ yahoo.com (University Politechnica Bucharest), Rares Vasilescu rares@ indaco.ro (Indaco) August 2004 Bucharest, Romania

  3. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 Content • Statement of the problem • Case study Romania • System analysis of the Judicial Information System (JIS) within the Socio-Economic System (SES) • Options in the development of JIS • Conclusion: a Draft Roadmap towards the • integrated JIS

  4. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 • Statement of the problem. • a) Major trends in the societal management: • (i) Move e-Government => e-Governance • (ii) Move insular informatization => integrated • informatization within the 3 Authorities • (iii) The comprehensive reengineering of the • Judiciary: informatization of activities in • Courts & Prosecutor’s Offices but still far • from integrated national (and internatio- • nal) JIS => possibility of imbalances • between democratic principles and new • technology • b) In the CE-EC judicial reforms have & are taken • place => interesting limit situations • => Study of integrated JIS makes sense

  5. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 2. Someinformation about Case Study Romania (1) • General: (I) re-start economic growth, privatizations, but still: • - insufficient administrative capacity and - still corruption; • - strict planning for accession to EU- monitored • Regarding the Judicial System (JS): • - subject to a high legislative flow: • Indicator19902003 => Rising importance • No of laws / similar4501550of legislative data • Ratio govt.ordinances / laws00.4bases with • Govnt decrees13001300advanced • Orders &norms of the MoF10220features • 1934-1937 1938-1944 1945-1947 1948-1989 1990-2003 • Average no/ • 100 working 6 10 11 50 370 • days (5/w)

  6. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 2. Someinformation about Case Study Romania (2) The Romanian Judicial Reform: - Comprehensive Legislativepackage end June- start July 2004: organization of the Judiciary; statute of magistrates; Superior Magistrate’s Council (SMC) ; international cooperation in penal matters; new Penal Code etc. Examples of new provisions: SMC – autonomous institution, with rights for nomination, promotion, transfer, suspension, punishment and protection of magistrates Establishment of specialized tribunals for matters such as: family and minors, commerce, labor & social security, fiscal, administra- tive Random allocation of cases to judges using computers De-militarization of civil servants working in penitentiaries First instance judgement by two judges (instead of one) The position of manager for financial & administrative problems

  7. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 3. Some information about Case Study Romania • Informatization of the JS: • An integrated case and documents management information system is in roll-out phase (ECRIS, presented in Wroclaw) • LESSONS: • -Reforms are essentially top-down societal processes, for which international requirement and support (such as by the EU) can be very important. • - The inertia of the Judicial System, can be considerable. The consequence is the need for management of change. • Management of change needs also training. The Institute for Magistrate’s Training whose creation was supported by PHARE, is certainly a success.

  8. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 • A short Comment (a) • The performance of the Judicial System should be defined in quantitative terms, calculated and periodically analysed. • Two possible examples are suggested: • Uniformity(equality) applying law; • Average duration of a case investigation and judgement per categories of cases.

  9. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 A short Comment (b) The use of advanced and integrated ICT systems is essential. This implies the move from the information processing to knowlege processing. This needs a strategy, embedded in a e-Governance national strategy. Communications within the Judicial System and with the relevant institutions of the Executive and the Legislative Authorities as well as with the media and the public should be assured. Another requirement of rising importance is that of compatibility and interoperabilityof the national Judicial Information Systems.

  10. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 • 4. The full success of Reform of the Judiciary System • Implies coordination with a Reform of the Legislative Authority (to reduce the flow of normative acts and increase their quality for minimizing modifications) and with the Reform of the Executive Authority (to assure the necessary informational support and to implement the judicial decisions). • The informatization of the Judiciary was in general well received by the magistrates, because it responded to a recognized need for people confronted with the problems of the real world. • Even if technicaly well organized and even if computerized in the sense of text processing and perhaps some Internet access, the Judicial Information System based on “paper & technology”, cannot meet the requirements to raise performance needed to face effectively the problems of the transition to a free–market society based on competition, democracy and Law. • The need is to integrate information from different organizations, in order te serve them effectvely. The support of a program management unit near the prime minister or another high ranked person is necessary.

  11. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 • Possible consequences could be e.g.: • The co-ordination of the informatization programs. of the two Authorities, in order to achieve compatibility and interoperability in some specific fields. • A set of common technical standards • A common knowledge base containing definition of concepts (indicating also synonyms and antonyms) and descriptions of administrative-like procedures • An agreed structure of the content of normative acts, (UI- unique Identifier; NA- normative act). It is a slightly modified version of the proposal presented at the LEFIS Wroclaw Workshop

  12. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 5. CONCLUSIONS: A DRAFT ROADMAP TOWARDS THE INTEGRATED JIS The proposed steps are: • Establishment of a steering committee and a program management unit for the JIS. • High level system analysis and vision of the JIS, including the links with the other Authorities and the operational subsystem of the SES ( public and organisations). • Strategic planning. The expected result is a definition of a general architecture • Procurements (system analysis, business requirements, tender documentation) per project, followed by pilot implementation and roll-out)

  13. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 • The sequence of objectives could be: • establishment of the administration department for information system administration and assurance of the metadata; • creation and implementation of the integrated case and document management information system including the interfaces to other information systems; • in parallel: creation and implementation of the internal core information system of the judicial units; • in parallel: creation and implementation of the management information system of the Judicial System; • creation and implementation of the JIS’s warehouse and calculation of performance.

  14. LEFIS CONFERENCE ZARAGOZA 30.8-1 September 2004 The Romanian Team thanks you for your attention!

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