New Technologies in International Law / Tymofeyeva, Crhák et al.

2.1 D igital T ransformation and A ccess to J ustice

By Mohamed Gomaa (University of Hamburg)

Introduction

„Justice delayed is justice denied“ 123 In a world where we are used to interacting with our banks anytime, anywhere and on any device, and where we can order from Amazon and receive the goods the next day, many citizens are frustrated with the current interaction model with the government, particularly in the justice sector. Moreover, existing justice institutions find it difficult to cope with the demands for justice. Many courts and other judicial bodies still rely on in-person and manual paper based trials, which are vulnerable to manipulation and deterioration. Therefore, the need to bring fundamental shifts in the way institutions deliver justice has been acknowledged for some time now. Several attempts in France to transform into a so-called “digital republic” have been adopted. A law project has submitted by the National Digital Council (CNN) on such issue in June 2015, resulted in the law no. 2016-1321 of 7 th October 2016, regarding a “Digital Republic” that aimed at supporting digital transformation in all sectors of the country which constitutes a basic work that only needs to be enriched. 124 Moreover, the COVID-19 pandemic is putting unprecedented pressure on justice infrastructure, resulting in trials being postponed and services being suspended. What if the current health crisis was an opportunity to rethink the justice system to adapt to the digital age? Find out how circumstances are leading the way in the DT of justice as a facet of the UN 2030 Sustainable Development Goals. 125 This research is interested in analyzing the changes that technology “digitalization” generates in the judicial sector, mainly focusing on Courts’ outputs, how it could facilitate access to justice as well as its limits and possible dangers. Generally, preserving the principles of the rule of law remains a major concern. The insert of DT should help maintain and enhance the quality of how the judiciary is exercised. In other words, legal disputes must continue to be resolved in fair and independent procedures. 123 William Ewart Gladstone is a British statesman and Liberal politician. in a career lasting over 60 years, he served for 12 years as Prime Minister of the United Kingdom, spread over four terms beginning in 1868 and ending in 1894. He also served as Chancellor of the Exchequer four times, serving over 12 years. 124 LOI n° 2016-1321 du 7 octobre 2016 pour une République numérique . 125 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of the Regions .

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