E-Justice and Policies for Risk Management

Abstract

In spite of the technological, economic, and normative efforts, all democratic countries are developing electronic filing (e-filing) in the justice sector, but only a few of them have operational systems. This chapter tries to give a solution to this situation in light of risk management theories. Different strategic approaches to policies for risk management have been adopted by institutions governing ICT technologies in the development of the judicial electronic data interchange (JEDI). As the author shows with the support of the information provided by several case studies, such approaches are correlated to the (positive and negative) results achieved by the different countries in terms of successful implementation and diffusion of e-justice. In the concluding remarks and future trends sections, the author will provide indications to support the development of ICT strategies in this area.

Smart Justice in Italy: Cases of Apps Created by Lawyers for Lawyers and Beyond

“…In particular, the several services (from divorce management to health services), the technical components (the more sophisticated technology adopted), the legislation (the rules that need to be changed and adopted), the organization (number and level of the subjects involved), and the institutional level (involvement of many sectors of the public administration) have been modified in such a way to increase the system's complexity dramatically, making it difficult to achieve a new alignment. The project's ex-cessive complexity was one of the main reasons for the failure of e-justice projects in several national contexts (Carnevali 2010;Contini and Lanzara 2014;Lupo 2014;Carnevali 2009).…”

“…Projects that are developed from a bottom-up approach-such as COLLEGA and ANTHEA-are sensibly affected by growing size and complexity (Maeda 2006). The more the creators' manage to stay focused, the more they can have a chance of success; yet, the more they expand, the more they risk getting out of control and failing (Carnevali 2019(Carnevali , 2009. Several European experiences of e-justice system development provide examples of failures related to the lack of attention posed by developers to comply with the so-called "maximum manageable complexity" (Contini and Lanzara 2014).…”

Metadata framework for online legal information system in Indian environment

“…Therefore, to indicate equal citations, fields like title of report, year, volume, page number and court are given. A study by Carnevali (2008) found that majority of countries are developing electronic case filing (e-filing) systems in the judiciary. Interestingly, only a few systems are appropriate and functional.…”

Will COVID-19 Accelerate Implementation of ICT in Courts?

“…In the last twenty years (Fabri and Contini 2001, Plotnikoff and Woolfson 2001, Kujanen and Sarvillina 2001, Wallace 2003, Carnevali 2009, Reiling 2009, 2010, Kallinikos 2009, Fabri 2004, CEPEJ 2016, CEPEJ 2017, CEPEJ 2019a, 2020a, European Union Commission 2020a), judicial systems have invested quite a lot of money in developing ICT infrastructures and applications. The main investments in applications can be summarised in four broad areas: 1) case law; 2) digitising case processing (i.e.…”