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

Moreover, open data of court decisions will soon become a reality in many countries. This new „black gold“, that of data and knowledge, will have to be shared, once the essential condition of respecting personal data and privacy, their anonymization or pseudonymization before any publication for the general public has been mastered, while respecting national or European legislation. It is therefore essential to use this data with new tools, to compare court decisions rendered in similar cases, to allow lawyers and judges to draft arguments upon them in order to improve the quality of their respective litigation processes but also to allow States or judicial systems to reduce or encourage the reduction of unnecessary referrals to the courts, through settling repetitive disputes more quickly and at a lower cost aimed at improving the efficiency, effectiveness and economy of judicial systems. However, the use of DT could accompany risks and some infractions regarding accessibility, privacy, Data protection and legitimacy. Always remember that in the hammer tool, the danger and the benefit are there. The hammer, which could be used to help the handyman, could also be used to kill another person. What’s important here is the hand which holds it. The same is applicable to Artificial Intelligence (AI), which should neither be worshiped nor devoted to the underworld, in matters of justice. Therefore, DT requires not only technology but also how to manage such technology to reach its goals. Otherwise, it would be like putting the cart before the horse. 1.2 Development of DT Basically, if the legal system is not a part of the socio-political structure of the State, it will be stripped of its main purpose. Humans’ rights protection, through simplified administrative procedures, is the goals of modern justice and reducing its costs is the economic goal of litigation. DT inserted in numerous conservative fields and industries including Justice. There are numerous examples of digital justice development including: – Founding stable databases with easy and adaptive search tools. – Create numerous platforms to cover most activities and jurisdictions of the courts. – Successive updating of programs used in the judiciary.

– Creating various applications for Interaction with judiciary actors. – Performing routine and repetitive work through setup auto-systems.

Currently, DT or IT equipments are available in most countries’ judicial systems. Only Iceland, Albania, Serbia and Cyprus have an index lower than 3. Conversely, Spain, Austria, and Estonia stand out between 8 and 10 of equipment indices. 144

144 ‘European judicial systems Efficiency and quality of justice CEPEJ STUDIES No. 24’ ( Council of Europe portal ) accessed 22 January 2022.

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