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Dematerialisation and use of IT in the courts

Dematerialisation and use of IT in the courts. Questionnaire. 11 topics reflecting the judicial business 33 replies. 1. E-access to courts. Requirement 2 Electronic signature 5 Downloadable form 6 Qualified electronic signature Practice Low/rare/experimental Very high-Austria only.

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Dematerialisation and use of IT in the courts

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  1. Dematerialisation and use of IT in the courts

  2. Questionnaire • 11 topics reflecting the judicial business • 33 replies

  3. 1. E-access to courts • Requirement • 2 Electronic signature • 5 Downloadable form • 6 Qualified electronic signature • Practice • Low/rare/experimental • Very high-Austria only • E-filing • 8 yes • 7 some • 16 no • Legislation • 15 yes • 2 not in force • 1 incomplete • 9 no

  4. 1. E-access to courts • E-filing in half the countries • Legislation in more than half • Requirements vary • Practice is low, except in Austria

  5. 2. E-procedures • Electronic communication with parties? • Y 15 • No 2 • With lawyers? • Yes 11 • Some email • Some portals • Difference • N.a. 15 • No 12 • Yes 1 • Across disciplines? • Yes 5 • No 5

  6. 2. E-procedures (2) • Electronic signatures? • Y 5 • Rare, not officially • No 5 • Paper files? • Yes all • Electronic files? • Yes 5 • Experimental, some 7 • No 2

  7. 3. Oral e-hearings • File in hearing? • Yes 2 • No 24 • Projecting Documents? • Yes 8 • Some 11 • No 7 • E-files? • Yes 5 • Some 5 • Documents accessible in computer? • Yes 11 • some, partial • No 14

  8. 2. E-procedures (3) • No difference between procedures or disciplines • Half communicate electronically with parties and lawyers • Everyone keeps and archives paper files • Electronic files are mostly still experimental • And so are electronic signatures

  9. 3. Oral e-hearings (2) • What hearings? • W+P+E 10 • W+P 3 • W 1, P 1 • How many courts have equipment? • Some 11 • No 4 • Audio and video recording • Yes 4 audio 9 • Some 10 • Videoconferencing as hearing? • Yes 3 • some, partial 5

  10. 4. Information services for judges • Nat. leg. • Eur. Leg. • National case law • Intern. case law • Law review articles • State 17 • Private 20 • Both S+P 13

  11. 5. Practical court work • Judges write, more and more on computers • Court staff w,d,reg • Enough staff? Y 15, n 10 • Tech: models, templates 17 • voice recognition: 7 • Monitoring length: y 18 n 12 • Data on each judge: 25 stats mostly

  12. 6. Internet/Court web sites • Internet access: 30 Y • Limitations: no 14 yes 10 • Court web sites: 14 all or most

  13. 7. Use of private computers by judges and court staff • private laptops: 25 y, 5 n • private email: y 16 5 restrictions, 11 n • Technical safeguards • Same for all staff: y 20

  14. 8. Use of data • Data for statistics: 26 y

  15. 9. Data security • Major concern in the cons! • Data protection legislation y 22 • Requirements: y 16 access/correction/deletion • Data protection national level y 11 • Data protection court level y 9

  16. 10. Participation of judges • Council 15 • MoJ 12 • Judges participate: y 14

  17. 11. Advantages and Disadvantages • Advantages 27: • efficiency, speed, cost, • access to legal information, • service to citizens, • Disadvantages 8 • cost, • data security,

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