We live in an increasingly digitally mediated, platform-based environment characterised by remote working, schooling, shopping, and socialising, where national borders blur and geographical location importance decreases. One of the main... more
We live in an increasingly digitally mediated, platform-based environment characterised by remote working, schooling, shopping, and socialising, where national borders blur and geographical location importance decreases. One of the main effects of this transformation is the growing relevance of cross-border (actual and potential) disputes and, therefore, the need for adequate means to address and resolve them. Geographically bounded forms of dispute resolution based on national justice systems, courts, and independent judges have shown their limits to face the new challenge. Building on Canguilhem’s work on the norm, normal and pathological concepts, the paper explores the European Union’s attempt to provide adequate cross-border dispute resolution mechanisms through traditional justice means, showing achieved results and limits. The paper then explores the increasing role of dispute resolution mechanisms integrated into platforms, such as Amazon, eBay and Booking, that bring togeth...
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An effective legal framework for judicial cooperation in the field of the service of documents is a keystone for the effective functioning of the area of freedom, security and justice, as referred to in the Treaty on the EU. In... more
An effective legal framework for judicial cooperation in the field of the service of documents is a keystone for the effective functioning of the area of freedom, security and justice, as referred to in the Treaty on the EU. In particular, the proper service of a claim to the addressee is a necessary step for starting a proceeding and, simultaneously, an essential requirement for exercising the right of defence. The EU has adopted specific provisions to remodel the traditional channel of documents’ transmission with smoother solutions that assist cross-border judicial proceedings. Despite this, the European service procedure is not that straightforward and can still be very complex for most users, causing additional costs and legal uncertainty. Against this background, this article explores how the cross-border service of documents works in practice. It presents the findings resulting from empirical exploratory research carried out in Italy to assess the concrete use and usability o...
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Research Interests:
Keynote address @ ‘The role of courts and access to justice in the digital era’
Conference, Radboud University, 9-10 June 2022
Conference, Radboud University, 9-10 June 2022
Research Interests:
The aim of this chapter is to shed some light on the Information and Communication Technologies (ICTs) development and implementation in the justice domain (the so-called e-Justice), and to glance at the key elements of this emerging... more
The aim of this chapter is to shed some light on the Information and Communication Technologies (ICTs) development and implementation in the justice domain (the so-called e-Justice), and to glance at the key elements of this emerging phenomenon, building on the European Union experience at national and Community level. Although ICTs are increasingly at the core of the functioning of the justice service provision in modern democracies, their implementation and deployment, and the complex intertwining between law, technology and organizations, which characterize e-Justice experiences, remains poorly understood. The analysis of concrete e-Justice cases allows clarification of some of the practical implications of different experiences, providing useful indications of the elements which have made feasible the development of effective e-Justice systems.
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This Special Issue of the European Quarterly of Political Attitudes and Mentalities (EQPAM) presents a collection of papers contributing to the understanding of the increasingly relevant topic of legal requirements analysis and... more
This Special Issue of the European Quarterly of Political Attitudes and Mentalities (EQPAM) presents a collection of papers contributing to the understanding of the increasingly relevant topic of legal requirements analysis and engineering in complex sociotechnical contexts, with an eye to the complex intertwining between law and technological systems development and implementation for the public service provision.
Research Interests:
The number of cases is measured through a broad range of quantitative variables used in various studies and policy papers as key indicators of the volume of activity of national courts. Additionally, these variables, together with other... more
The number of cases is measured through a broad range of quantitative variables used in various studies and policy papers as key indicators of the volume of activity of national courts. Additionally, these variables, together with other data (e.g. time needed to resolve a case, number of judges, etc.) are part of a broader discourse on the efficiency of justice systems. However, such discourse can be problematic when data is not actually comparable. To raise the attention on this very relevant but poorly explored topic, this paper analyses the comparability of the caseload data by focusing on apparently simple categories like civil and commercial litigious or non-litigious cases and administrative cases. The EU Justice Scoreboard and CEPEJ data and national case definitions in France, Italy, and Romania are used to assess the most relevant justice EU datasets. The findings point towards significant differences between analysed systems that suggest extreme caution should be exercised...
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The case of the Digital Service Infrastructure, developed by the European Union and its Member States to enable the deployment of trans-European digital judicial services, provides the occasion to investigate from a theoretical and... more
The case of the Digital Service Infrastructure, developed by the European Union and its Member States to enable the deployment of trans-European digital judicial services, provides the occasion to investigate from a theoretical and empirical perspective the complex features that pertain the creation of the infrastructures that enable the rise of smart cities. The case explores the heterogeneous nature and emergent, non-linear evolution of large-scale information infrastructures. It helps develop a better understanding of the infrastructural components and dynamics that allow to integrate fast evolving technology into everyday people living environment providing new and smart services and to foster public value creation in Smart Cities. Finally, it exposes the relevance of legal components, helping reflecting on their role in addition to that of the technological, human and governance ones already identified by the smart cities literature.
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Research Interests:
Research Interests:
In the last 25 years, the introduction of ICT has been one of the main innovation drives and one of the main challenges of Justice systems all around the world. The idea is that, when properly linked to the automation and redesign of... more
In the last 25 years, the introduction of ICT has been one of the main innovation drives and one of the main challenges of Justice systems all around the world. The idea is that, when properly linked to the automation and redesign of court procedures and practices, and when properly used to support the communication between courts and parties, ICT can be used to enhance efficiency, access, timeliness, transparency and accountability, thus helping the judiciaries to provide adequate services. In many countries, statutory reforms have been introduced to allow the use and the exchange of electronic data and documents within national judicial systems and ICT infrastructures, applications and services have been introduced. The e-CODEX project can be conceived as the next step, created to interconnect and make interoperable the e-justice systems developed so far within Europe and to allow the cross-border provision of e-Justice services. This paper provides a general overview of e-CODEX p...
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The raise of computational power, the boost of electronic data storage capabilities, and the growing ubiquitousness of the Internet facilitate the collection of legal information and increases its availability for stakeholders. In this... more
The raise of computational power, the boost of electronic data storage capabilities, and the growing ubiquitousness of the Internet facilitate the collection of legal information and increases its availability for stakeholders. In this context, EU institutions and key stakeholders are seeking to support initiatives that provide access to legislation and case law. This is considered paramount for economic activities, facilitating access to justice, and upholding the rule of law. This Chapter investigates existing electronic databases created to disseminate case law information on the application of EU judicial procedures and explores these databases ability to improve the application of European procedural instruments, forwarding their use and the creation of a common legal understanding. The analysis addresses also the possibilities opened by e-CODEX to integrated cross-national legal database supported by technology developments. The e-CODEX handled cross-border judicial procedures...
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Research Interests:
Research Interests:
This article explores the concept of open justice in the context of European Union (EU) cross-border litigation and focusing on the e-justice dimension. It does it looking both at the open justice principle coming from the legal tradition... more
This article explores the concept of open justice in the context of European Union (EU) cross-border litigation and focusing on the e-justice dimension. It does it looking both at the open justice principle coming from the legal tradition and at the new ideas coming from the open government discourse. More in detail, the article investigates the attempt to create an open area of justice in Europe through the development and implementation of an European Justice Digital Service Infrastructure and the opening of such infrastructure to users and service providers. It is a development and implementation effort, which builds on the EU’s multilevel legal frameworks, which uses available technological innovations, which responds to the economic needs and challenges of an EU without internal borders, and which result should be capable of being embedded in the existing cultural communities. EU Member States (MSs) have developed such infrastructure and tested it successfully. Currently, EU in...
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Research Interests:
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This paper investigates the e-Justice design and implementation experience taking place at EU level for the provision of e-Justice cross border judicial services through the complex theory lenses.
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Ponencia presentada en la “International Seminar on e-Justice,” el 29-30 de septiembre, 2011, en Santiago, Chile (original en Inglés)
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This report investigates the relationship between the functioning of judicial systems and the situation of the economy in the European Union Member States. The study includes draft country fiches for all EU Member States and a comparative... more
This report investigates the relationship between the functioning of judicial systems and the situation of the economy in the European Union Member States. The study includes draft country fiches for all EU Member States and a comparative report, reflecting the questions of a scoreboard provided by the European Commission. This list of questions focuses on civil and commercial justice and encompasses 1) Business-friendliness of land and property registration, company registration, insolvency proceedings and obtaining licenses 2)Resources of justice, including budget, human resources, workload and ICT 3) Use and accessibility of justice, including length and cost of procedures, use of simplified and ADR procedures. While in the country fiches, facts, figures and analysis on the performance of individual (country-level) judicial systems are provided, the link with the economic situation is assessed in the comparative part. To our knowledge, it is the first time that such assessment has relied not only on data from surveys or from coding but also actual data provided by the judicial authorities (number of judges, budget, etc.). The findings are preliminary but suggestive. They are preliminary because econometric processing should be implemented to have a more precise assessment. They are nevertheless suggestive because, though weak, correlations go in the expected direction and are statistically significant at standard levels.
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The paper explores the concept of time in the delivery of justice by courts and justice systems, reflecting on its multiple dimensions, roles and functions. It also reflects on the changes that are taking place as the balance of justice... more
The paper explores the concept of time in the delivery of justice by courts and justice systems, reflecting on its multiple dimensions, roles and functions. It also reflects on the changes that are taking place as the balance of justice values shifts, and new technologies are introduced.
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Free movement of people, goods, services, and capital in Europe requires well-functioning cross-border dispute resolution mechanisms. Many initiatives have been taken over time by the EU institutions and Member States, both introducing... more
Free movement of people, goods, services, and capital in Europe requires well-functioning cross-border dispute resolution mechanisms. Many initiatives have been taken over time by the EU institutions and Member States, both introducing legal instruments and developing information and e-justice technologies to support cross-border judicial litigation and cooperation. Unfortunately, the results so far achieved do not seem to be adequate to the needs of our increasingly interconnected society. Adding to this, the first wave of COVID-19 emergency measures brought court-based dispute resolution to a grinding halt. All around Europe, court buildings have been closed to the public, hearings suspended, and only emergency cases carried out. Some hope though seems to come from this bleak moment. The breakdown of existing practices, and the need to ensure the justice service provision required for our societies' functioning, resulted in many local and national initiatives to reconfigure the justice service. It provided the occasion to experiment with remote justice service provision and explore possibilities to reconfigure technologies and tools, which in many cases had been available for years, to permit remote working, hearings and legal communication. While most of the experiences have been carried out within the national boundaries, they provide the occasion for rethinking cross-border judicial procedures outside their traditional schemas. Building on this, taking stock of pre-COVID-19 EU cross border judicial services situation, this paper explores EU Member States e-justice emergency measures and attempts to stimulate the discussion on their potential for innovation in cross border judicial proceedings.
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This paper discusses the forms and effects of the ‘invasion’ of the ‘temples of the law’ by new economic and managerial forms of performance evaluation. While traditional judicial evaluation focused on how to select and promote individual... more
This paper discusses the forms and effects of the ‘invasion’ of the ‘temples of the law’ by new economic and managerial forms of performance evaluation. While traditional judicial evaluation focused on how to select and promote individual judges and on the legal quality of the single case, new quantitative methods and formulas are being introduced to assess efficiency, productivity and timeliness of judges and courts. Building on two case studies, from Spain and the Netherlands, the paper illustrates two contrasting approaches to judicial performance evaluation. On the one hand individual judges' productivity is evaluated through quantitative data and mathematical algorithms: in the extreme case considered here, judge's remuneration was adjusted accordingly. On the other hand quantitative and qualitative data, collected by a variety of methods and theoretical frameworks, are used as the basis of a multi-layered negotiation process designed to find a synthesis between competing economic, legal and social values aimed at improving overall organizational performance. Considering the flaws of unidimensional measurement and evaluation systems and considering the incommensurability of the results of the multiple evaluative frameworks (economic, legal, sociological) required to overcome such flaws, the authors argue there is a need for political dialogue between relevant players in order to allocate the values appropriate to judicial evaluation.
Research Interests:
The number of cases is measured through a broad range of quantitative variables used in various studies and policy papers as key indicators of the volume of activity of national courts. Additionally, these variables, together with other... more
The number of cases is measured through a broad range of quantitative variables used in various studies and policy papers as key indicators of the volume of activity of national courts. Additionally, these variables, together with other data (e.g. time needed to resolve a case, number of judges, etc.) are part of a broader discourse on the efficiency of justice systems. However, such discourse can be problematic when data is not actually comparable. To raise the attention on this very relevant but poorly explored topic, this paper analyses the comparability of the caseload data by focusing on apparently simple categories like civil and commercial litigious or non-litigious cases and administrative cases. The EU Justice Scoreboard and CEPEJ data and national case definitions in France, Italy, and Romania are used to assess the most relevant justice EU datasets. The findings point towards significant differences between analysed systems that suggest extreme caution should be exercised when using such data for scholarly, legislative or policy discourses.
Research Interests:
The number of cases is measured through a broad range of quantitative variables used in various studies and policy papers as key indicators of the volume of activity of national courts. Additionally, these variables, together with other... more
The number of cases is measured through a broad range of quantitative variables used in various studies and policy papers as key indicators of the volume of activity of national courts. Additionally, these variables, together with other data (e.g. time needed to resolve a case, number of judges, etc.) are part of a broader discourse on the efficiency of justice systems. However, such discourse can be problematic when data is not actually comparable. To raise the attention on this very relevant but poorly explored topic, this paper analyses the comparability of the caseload data by focusing on apparently simple categories like civil and commercial litigious or non-litigious cases and administrative cases. The EU Justice Scoreboard and CEPEJ data and national case definitions in France, Italy, and Romania are used to assess the most relevant justice EU datasets. The findings point towards significant differences between analysed systems that suggest extreme caution should be exercised when using such data for scholarly, legislative or policy discourses.
Research Interests:
Research Interests:
This Special Issue of the European Quarterly of Political Attitudes and Mentalities (EQPAM) presents a collection of papers contributing to the understanding of the increasingly relevant topic of legal requirements analysis and... more
This Special Issue of the European Quarterly of Political Attitudes and Mentalities (EQPAM) presents a collection of papers contributing to the understanding of the increasingly relevant topic of legal requirements analysis and engineering in complex sociotechnical contexts, with an eye to the complex intertwining between law and technological systems development and implementation for the public service provision.
https://sites.google.com/a/fspub.unibuc.ro/european-quarterly-of-political-attitudes-and-mentalities/
https://sites.google.com/a/fspub.unibuc.ro/european-quarterly-of-political-attitudes-and-mentalities/
Research Interests:
This report provides a description of the Bartolus platform, which has been developed to support the verification of Digital Signature and Role of notaries in cross border cases in which documents electronically signed by notaries are... more
This report provides a description of the Bartolus platform, which has been developed to support the verification of Digital Signature and Role of notaries in cross border cases in which documents electronically signed by notaries are exchanged. The other main tools developed to support notarial functions in EU cross-border procedures are also introduced. The report then discusses the possibility to connect the Bartolus platform to the e-CODEX infrastructure providing some scenarios and introducing some possible advantages that could be gained through such connection.
Research Interests:
This report investigates a new potential e-CODEX use case, selected on the basis of the professional users' inputs: the cross-border Service of Documents. The idea is that the introduction of a use case following professional users... more
This report investigates a new potential e-CODEX use case, selected on the basis of the professional users' inputs: the cross-border Service of Documents. The idea is that the introduction of a use case following professional users expressed needs may increase the legal professional's applications developers propensity to develop their systems to become interoperable with e-CODEX infrastructure. Following e-CODEX development approach, this explorative work is intended as a first step of an iterative process, and is carried out focusing on a national case, The Netherlands.
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The objective of this document is to describe the requirements, design and proof-of-concept implementation of a national European Payment Order (EPO) API that was proposed as an bridge solution to interconnect lawyer applications with the... more
The objective of this document is to describe the requirements, design and proof-of-concept implementation of a national European Payment Order (EPO) API that was proposed as an bridge solution to interconnect lawyer applications with the Greek national EPO application. The document describes the current state of play in Greece, the Greek national EPO Application, the background & rationale behind the prototype EPO API and specific use cases that demonstrate its usefulness.
Research Interests:
Over the years, a number of regulations were adopted at EU level in an attempt to facilitate and simplify access to justice in cross-border litigation. Despite the various actions undertaken by the European legislator to establish a... more
Over the years, a number of regulations were adopted at EU level in an attempt to facilitate and simplify access to justice in cross-border litigation. Despite the various actions undertaken by the European legislator to establish a uniform procedural framework with regard to certain types of cross-border claims, numerous differences continue to exist. The recent efforts to digitalize cross-border procedures through the e-Codex project in order to allow an electronic filing of European uniform procedures claims between Member States have raised awareness as to the complexity and the impact of national procedural rules on the application of the European uniform procedures. Empirical data on the service of documents rules applicable in the European Order for Payments claims as well as domestic procedures used for equivalent purposes was collected in 16 EU jurisdictions. This paper investigates the way the implementation and coordination between the national service of documents rules and the service standards set by the Regulation impact on the application of the European Order for Payment and, subsequently, on the parties’ access to justice. To conclude, the paper focuses on the possible solutions and actions that could mitigate the difficulties encountered in the present legal framework.
Research Interests:
At the EU level, an increasing number of resources are being invested in an attempt to provide better public services through the use of Information and Communication Technology (ICT). While new tools are being designed and implemented, a... more
At the EU level, an increasing number of resources are being invested in an attempt to provide better public services through the use of Information and Communication Technology (ICT). While new tools are being designed and implemented, a shift from ‘traditional’ technologies that must be used to provide services to more interactive ‘smart’ technologies is beginning to take place. At the same time, an adequate understanding of the implications of this shift is still missing. This paper focuses on the EU e-Justice experience with the ‘API-for-Justice’ project, which investigates the challenges of opening up the European e-Justice Digital Service Infrastructure to external service providers by means of Application Programming Interfaces (APIs). In particular, the exploration of potential services that can be provided by third parties through APIs for Justice shows the potential for a radical redesign of the justice service provision, where, for example, justice services are not requested by the party but are proposed or initiated by smart components of the infrastructure on the basis of inputs from the environment. In this perspective, smart technology research and, in particular, Brenner (2007)’s discussion on law and smart technology help to uncover the still unclear dynamics of change that characterize one of the key pillars of modern society: justice.
http://www.mdpi.com/2227-9709/4/4/38
http://www.mdpi.com/2227-9709/4/4/38/htm
http://www.mdpi.com/2227-9709/4/4/38/pdf
http://www.mdpi.com/2227-9709/4/4/38
http://www.mdpi.com/2227-9709/4/4/38/htm
http://www.mdpi.com/2227-9709/4/4/38/pdf
Research Interests:
This study looks in depth at lengths of proceedings and time taken to process pending cases in second instance (appeal) courts and highest instance (supreme) courts on the basis of the information gathered in the course of the 2008-2014... more
This study looks in depth at lengths of proceedings and time taken to process pending cases in second instance (appeal) courts and highest instance (supreme) courts on the basis of the information gathered in the course of the 2008-2014 evaluation of judicial systems carried out by CEPEJ. The European judicial systems study, Edition 2014 (data 2012) has analysed the answers regarding first instance. In order to interpret the data, reference can also be made to the findings of the “Length of court proceedings in the member states of the Council of Europe based on the case law of the European Court of Human Rights” CEPEJ Study No. 3 as revised by CEPEJ Study No. 19. A summary of the findings of the report is available in Annex 1. In using this interpretative lens to look into the data of the “Study on Council of Europe Member States Appeal and Supreme Courts’ Lengths of Proceedings”, though, it should be considered that the focus of the European Court of Human Rights is on the reasonable duration of the single cases while this study focuses on the overall performance of the European Judicial Systems.
Research Interests:
In 2011 the European Commission, seeking a better understanding of the functioning of EU Member States justice systems and planning on the development of a tool to support the efficiency of justice in EU Member States (the EU Justice... more
In 2011 the European Commission, seeking a better understanding of the functioning of EU Member States justice systems and planning on the development of a tool to support the efficiency of justice in EU Member States (the EU Justice Scoreboard), asked the Council of Europe Commission for the Evaluation of the Efficiency of Justice (Cepej) to carry out an investigation on the impact of European Union Member States' justice systems (and in particular judicial administrations) efficiency on the economic growth. The choice was made on the basis of the long-term experience of the Cepej in the evaluation of the efficiency of European Justice systems.
This paper looks at the challenge faced by the research team of experts appointed by the Cepej Bureau to carry out the actual research effort. It is intended as a mean to begin reflecting on what has been done, to better understand the dynamics that characterized the research, and possibly areas of improvement.
This paper looks at the challenge faced by the research team of experts appointed by the Cepej Bureau to carry out the actual research effort. It is intended as a mean to begin reflecting on what has been done, to better understand the dynamics that characterized the research, and possibly areas of improvement.
Research Interests:
Research Interests:
This paper discusses the forms and effects of the ‘invasion’ of the ‘temples of the law’ by new economic and managerial forms of performance evaluation. While traditional judicial evaluation focused on how to select and promote individual... more
This paper discusses the forms and effects of the ‘invasion’ of the ‘temples of the law’ by new economic and managerial forms of performance evaluation. While traditional judicial evaluation focused on how to select and promote individual judges and on the legal quality of the single case, new quantitative methods and formulas are being introduced to assess efficiency, productivity and timeliness of judges and courts. Building on two case studies, from Spain and the Netherlands, the paper illustrates two contrasting approaches to judicial performance evaluation. On the one hand individual judges' productivity is evaluated through quantitative data and mathematical algorithms: in the extreme case considered here, judge's remuneration was adjusted accordingly. On the other hand quantitative and qualitative data, collected by a variety of methods and theoretical frameworks, are used as the basis of a multi-layered negotiation process designed to find a synthesis between competing economic, legal and social values aimed at improving overall organizational performance. Considering the flaws of unidimensional measurement and evaluation systems and considering the incommensurability of the results of the multiple evaluative frameworks (economic, legal, sociological) required to overcome such flaws, the authors argue there is a need for political dialogue between relevant players in order to allocate the values appropriate to judicial evaluation.
Research Interests:
This paper provides a general overview of e-CODEX project, of the infrastructure it developed and presents the Italian e-CODEX Piloting Experience. e-CODEX is a EU co-funded project aiming to build a communication infrastructure for the... more
This paper provides a general overview of e-CODEX project, of the infrastructure it developed and presents the Italian e-CODEX Piloting Experience. e-CODEX is a EU co-funded project aiming to build a communication infrastructure for the cross-border exchange in the legal domain. The paper is structured in two parts. First of all, it provides an introduction to the e-CODEX project, the infrastructure it built and the services it is piloting. Follows a description of the Italian experience, including the Italian team, the actual piloting experience and a glimpse to the many other activities carried out by Italy within the project.
Research Interests:
Recent field research projects in the justice sector have shown how the development of e-justice entails much more than developing, installing and connecting technological devices or providing normative recognition to the use of the... more
Recent field research projects in the justice sector have shown how the development of e-justice entails much more than developing, installing and connecting technological devices or providing normative recognition to the use of the digital medium instead of the traditional one for the exchange of documents. This article presents an exploratory case-study describing the development of an e-filing and document-exchange system between lawyers and ordinary courts in the French justice administration. As it soon became apparent, the real challenge did not lie in the search, assembly and manufacture of technological tools, but in the creation of the governance net of relevant organizational actors that was needed to successfully sustain and implement the innovation. It concerned looking for acceptable compromises as to what could be done and how. The challenge was also to find ways to motivate users to actively participate in the creation of the new service which could not work without them. Furthermore, external and somewhat unforeseeable events also played a relevant role in defining choices, the tempo and the possibilities for the success of the system's design and implementation.
Research Interests:
The growing number of studies on ICT innovation experiences in the justice sector report a few easy successes and, far more frequently, difficult (and long) struggles to overcome multiple and often unexpected problems. Empirical analysis... more
The growing number of studies on ICT innovation experiences in the justice sector report a few easy successes and, far more frequently, difficult (and long) struggles to overcome multiple and often unexpected problems. Empirical analysis shows that these problems are the result of the complex interplay between technological, institutional, organizational and normative components of e-justice. What has been discovered is that the techno-institutional systems that are developed in the making of e-justice need not to be just technically functional, but also institutionally, organizationally and normatively compatible with the justice system. As the implementation of such systems breaks established practices and shared visions of what should be done, how and by whom, innovation requires the re-establishment of such agreements in the new situation. Cognitive, social and institutional features of the domain in which the innovation takes place thus play a paramount role in the innovation effort. This paper shows the interesting case of the development of an e-filing system, TéléRecours, in the French administrative justice sector. The system has been developed following a functional simplification strategy to cope with the technological, organizational and normative complexity of the endeavour. Such a strategy had been successfully adopted by several Northern European countries, but generally it had not been followed in Continental Europe, where much less successful attempts to create functional equivalents of paper-based procedures had been made. As the paper will attempt to explain, the functional simplification approach allowed the French justice administration to develop a functioning technology which is appreciated by the limited number of those who use it but that, due to its incapability of attaining institutional compatibility, is failing to exit the experimental phase.
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... more
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.
Research Interests:
Study carried out within the framework of the joint European Union and the Council of Europe project “Support to Efficiency of Justice – SEJ”
Research Interests:
Ponencia presentada en la “International Seminar on e-Justice,” el 29-30 de septiembre, 2011, en Santiago, Chile (original en Inglés)
Research Interests:
Keynote speech at the LEILA (towards a muLtilingual European platform for judIciaL Auctions) Final Conference organized by the Italian Ministry of Justice
20-21 November 2023
20-21 November 2023
Research Interests:
presentation at the seminar ‘Nuove frontiere nella circolazione delle prove informatiche in Unione Europea ’, Organized by the Faculty of Law of the University of Udine
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Presentation at the Webinar on ‘Good Practices of Access to Justice in Europe’ organised by ELSA Portugal and PRO BONO Portugal, 16 June 2022
Research Interests:
Pro-CODEX project presentation for the CCBE Law and IT Committee meeting, Vienna 27/02/2019
Research Interests:
Lessons from API for Justice and Pro-CODEX
Presentation at the Me-‐CODEX Governance Workshop, Vienna, 30.11.2017
Presentation at the Me-‐CODEX Governance Workshop, Vienna, 30.11.2017
Research Interests:
Research Interests:
Presentazione fatta al Focus Nazionale AIGA (Associazione Italiana Giovani Avvocati) 2015 sull'Ordinamento Giudiziario che riflette su: 1) Crescita di dati disponibili sul funzionamento dei sistemi giudiziari. 2) Crescita dell’utilizzo di... more
Presentazione fatta al Focus Nazionale AIGA (Associazione Italiana Giovani Avvocati) 2015 sull'Ordinamento Giudiziario che riflette su:
1) Crescita di dati disponibili sul funzionamento dei sistemi giudiziari.
2) Crescita dell’utilizzo di questi dati da parte dei vari attori coinvolti nel funzionamento dei sistemi giudiziari o ad esso interessati.
3) Crescita delle perplessità sulla confrontabilità ed opportunità di utilizzare tali dati in contesti e per finalità diverse da quelli per I quali sono stati raccolti.
1) Crescita di dati disponibili sul funzionamento dei sistemi giudiziari.
2) Crescita dell’utilizzo di questi dati da parte dei vari attori coinvolti nel funzionamento dei sistemi giudiziari o ad esso interessati.
3) Crescita delle perplessità sulla confrontabilità ed opportunità di utilizzare tali dati in contesti e per finalità diverse da quelli per I quali sono stati raccolti.
Research Interests:
Presentation on European order for payment procedure, European Small Claims procedure, e-Justice Portal and e-CODEX
Research Interests:
Research Interests:
Presentation at the Panel discussion on facilitating experiences and practices towards the introduction of ICT and electronic evidence in courts of the European Informatics Data Exchange Framework for Courts and Evidence - Market Size... more
Presentation at the Panel discussion on facilitating experiences and practices towards the introduction of ICT and electronic evidence in courts of the European Informatics Data Exchange Framework for Courts and Evidence - Market Size Workshop: Obstacles and Facilitating Factors towards the Digitalisation of Justice: the Specific Issue of Electronic Evidence in Criminal Trials; Rome 11 December 2015.
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Seminario su e-CODEX al corso di Teoria dell'Organizzazione presso il Dipartimento di Scienze Politiche e Sociali dell'Università di Bologna
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Presentation at CEPEJ-GT-EVAL 26th meeting, Strasbourg, 20 – 21 November 2014, looking at past and present measurements and trends of ICT to reflect on how the CEPEJ questionnaire section of ICT could evolve.
Research Interests:
Call for papers: Special Issue of the European Quarterly of Political Attitudes and Mentalities (EQPAM) welcomes submissions on the topic of legal requirements analysis and engineering for complex sociotechnical systems. April 08, 2019... more
Call for papers: Special Issue of the European Quarterly of Political Attitudes and Mentalities (EQPAM) welcomes submissions on the topic of legal requirements analysis and engineering for complex sociotechnical systems.
April 08, 2019 — deadline for submitting contributions
Word document to be e-mailed to:
Marco Velicogna — marco.velicogna@irsig.cnr.it
Aernout Schmidt — a.h.j.schmidt@law.leidenuniv.nl
April 08, 2019 — deadline for submitting contributions
Word document to be e-mailed to:
Marco Velicogna — marco.velicogna@irsig.cnr.it
Aernout Schmidt — a.h.j.schmidt@law.leidenuniv.nl
Research Interests:
On the basis of the previous discussion at the regional conferences and the study visit to the Norwegian judiciary in 2016, this study enabled the Western Balkan judiciaries to explore even further the judicial evaluation objectives,... more
On the basis of the previous discussion at the regional conferences and the study visit to the Norwegian judiciary in 2016, this study enabled the Western Balkan judiciaries to explore even further the judicial evaluation objectives, methods and challenges and to put them in a broader perspective of justice goals and objectives. The Research Institute on Judicial Systems of the National Research Council of Italy shared with the regional judiciaries its expertise and a body of knowledge the Institute has developed in these areas. The seminars included interactive presentations based on the comparative approach and case studies from the Western Balkans and beyond. All seminar sessions were designed to include participant's input on the discussed topics. In that regard, the participants shared their practices, provided examples of their (innovative) approaches and discussed with IRSIG experts some of the dilemmas they face in their judicial settings.
Research Interests:
This paper undertakes an in-depth analysis of the key quantitative variables that are presented and considered by the Commission to be indicators for what should be an efficient justice system in the European Justice Scoreboard discourse:... more
This paper undertakes an in-depth analysis of the key quantitative variables that are presented and considered by the Commission to be indicators for what should be an efficient justice system in the European Justice Scoreboard discourse: the numbers of cases.