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THOMAS HOEREN

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parties to implement it. Regarding this point, the opinions of users vary
widely. While some parties to the trial already work with electronic records,
others still regard paper documents as the leading medium used in their
domain.
The issue of seamlessness also arises from the fact that certain acts or
documents, by their nature or size, will not support uninterrupted computer processing (e.g. cases involving construction rights with building
plans or documents which need to be stored as originals). The emergence
of so-called hybrid documents is thus inevitable. These will continue to
exist, for some time yet, as a de facto result of e-Justice.
Electronic processing has many advantages. With suitable management
and adequate program design, the information contained in electronic
records could, for example, be structured according to a scheme to facilitate
the judicial analysis of their contents. By linking the different elements
of a case, both with the relevant judicial standards, and with the appropriate
case law and doctrine, the system of decision support would also serve
in knowledge management.44
The information transmitted electronically to the jurisdiction could be
taken into account without any additional data entry, and used directly
throughout the remainder of the proceedings. The inbox could, for
example, be set up so that, on the basis of information received, other
processes could be implemented, such as resubmission at set dates, advance
on costs, etc.
With regard to electronic file management, it should be noted that
converting a document from paper to electronic format, or vice versa, is
prone to error. This is all the more dangerous in that proper recordkeeping is essential for confidence to subsist in the documents on file.45
Similarly, for electronic records, the guarantee of stability over time
may still be improved. The long-term archiving of data is a key issue. In
the absence of sufficiently long experimentation in this area, issues relating
to technical design and storage methods remain for the present unanswered.
The migration of existing storage devices and the compatibility of data
formats represent major risk factors.
Integrity and confidentiality form the first commandment, which applies
to all procedures within the judicial system, but also to e-Justice as a
whole. In other words, it is essential to ensure treatment of personal data
that nevertheless respects privacy.
44. E-Justiz/Zweiter nationaler IT Gipfel pp. 5-6, available online: http://files.messe.
de/cmsdb/007/12233.pdf
45. U. BERLIT, E-Justiz: Chancen und Herausforderungen in der freiheitlichen demokratischen Gesellschaft, JurPC Web-Dok. 171/2007, p. 2, available online: www.jurpc.de/aufsatz/
20070171.htm

http://www.files.messe http://www.jurpc.de/aufsatz/

Grands colloques - Les technologies de l'information et de la communication au service de la justice du XXIe siècle -1

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