Dematerialisation and use of IT in the courts

Questionnaire 11 topics reflecting the judicial business 33 replies

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

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

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

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

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

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

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

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

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

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

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

8. Use of data Data for statistics: 26 y

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

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

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