Italian Justice System and ICT: Matches and Mismatches Between Technology and Organisation1

Italian Justice System and ICT: Matches and Mismatches Between Technology and Organisation1

Francesco Contini (Research Institute on Judicial Systems, National Research Council, Italy) and Antonio Cordella (London School of Economics and Political Science, UK)
DOI: 10.4018/978-1-59904-998-4.ch008
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Abstract

The Italian judiciary is characterised by a weak system of governance, consequence of institutional and cultural factors. In this framework, the deployment of ICT policies has been mainly conceived as tools to improve the management, the operational efficiency, and the consistent application of rules so to strength the governance of the system. This approach to the ICT can easily be conceived as an attempt that aims to tightly couple the elements of a system that is by nature (constitutionally defined) loose coupled. In this framework, technology has been considered as, if not the instrument to govern, strengthening the liaisons in the organisation, judicial offices, where other “traditional” tools have failed due to institutional and constitutional constraints. Matching and mismatching between institutional and technological constraints are analysed, providing a framework to discusses how these policies have been deployed and the consequence that the nature of the organizational liaisons is playing while the deployment of information systems is concerned.
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Introduction

The crisis in the performances of the Italian justice system is well known to practitioners, policy makers, and scholars all over Europe. Almost every day, the news report on the effects of such a crisis on the protection of legal rights, on the real life of citizens, and on the business activities. The annual reports of the apexes of courts and prosecutor’s offices regularly announce that a new negative record has been reached in the length of civil and criminal proceedings, or in the number of criminal cases dismissed as they reached the statutory of limitations.2

In this scenario, the Italian Ministry of Justice has made growing efforts to develop and deploy information systems. ICT policies have been mainly characterised as means to improve the management, the operational efficiency, and the consistent application of procedural rules to make uniform the way in which daily activities are performed (Contini & Cordella, 2007). The main goal has been, and still is, the improvement of performances and the reduction of times of proceedings. Not less important, however, has been the attempt of using ICT to improve the standardisation of justice procedures within and across the different offices.

As many researches point out (see for example the contribution of Marco Fabri in this volume), this effort has not been very successful so far. The gap between goals and results is broad. The applications running in judicial offices are often outdated, while many complex and expensive projects are still stuck in a never ending piloting stage, revealing their substantial failure. Grounding upon this background and confronting illustrative ICT projects promoted by the Italian Ministry of Justice, this chapter illustrates how the institutional context deeply affects the deployment of ICT in the judiciary. We argue that the organisation of judicial offices, based on mix of independent actors (judges and prosecutors) and bureaucratic staffs (clerks, administrative people, etc.) creates a context with conflicting organisational dynamics, negatively affecting the innovation processes.

While judges and prosecutors act as independent and autonomous actors, the “administrative staff” operates following a typical bureaucratic schema. As a consequence, judicial offices show an intricate mix of logic of actions that makes extremely challenging the development of ICT polices. This is particularly true for systems that aim at supporting organisational activities shared by judges, prosecutors, and administrative staff such as the writing of judicial acts. The concepts of loose and tight coupled organisations, proposed by Weick (1976) will be used to understand these organisational dynamics and their effects on the innovation process. This will help to investigate the question of how to deal with the developments of ICT in courts and prosecutor’s offices, and, more in general, in organisation in which outcomes are the results of the combination of the action of administrative-bureaucratic staff and of autonomous or even quasi-anarchic actors. The chapter discusses these challenges and argues that the nature of the coupling in the organisational relations is a fundamental dimension to be considered while choosing information systems to support organisational activities.

To discuss these points, we will first introduce the concepts of tight and loose coupling (Weick, 1976) and their application in the field organisational theory. This creates the theoretical framework to analyse the organisation of courts and prosecutor’s office and isolate key variables affecting the process of innovation. The chapter will then focus on two illustrative cases of the Italian judiciary. The first one considers the deployment of a criminal case management system called ReGe adopted statewide by the administrative staff of courts and prosecutor’s offices in the 1990s. This application has been the platform for the development of a number of local bottom-up applications promoted by judges and prosecutors to support their tasks. These applications have never been supported by the Ministry who, against them, launched a number of projects that have never been successfully adopted.

The second case covers the area of civil procedures. It moves from an analyses of the failure of Polis, a standardised system to support judicial drafting developed by the Ministry of Justice, and to show how the infrastructure built for this application has been reused for creating a public access to the court’s case management system.

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Table of Contents
Acknowledgment
Agustí Cerrillo i Martínez, Pere Fabra i Abat
Chapter 1
Marco Fabri
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The Italian Style of E-Justice in a Comparative Perspective
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Chapter 2
Davide Carnevali
In spite of the technological, economic, and normative efforts, all democratic countries are developing electronic filing (e-filing) in the justice... Sample PDF
E-Justice and Policies for Risk Management
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Chapter 3
Marta Poblet, Joan-Josep Vallbé, Núria Casellas, Pompeu Casanovas
Judicial culture generally refers to the set of values, cognitive skills, and practical knowledge of members of the judiciary. In this chapter, we... Sample PDF
Judges as IT Users: The Iuriservice Example
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Chapter 4
James E. McMillan
Automated court case management systems present opportunities to develop processes and procedures that can battle corruption. This chapter provides... Sample PDF
The Potential of Computerized Court Case Management to Battle Judicial Corruption
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Chapter 5
Michael Adler, Paul Henman
This chapter considers the implications of computerisation for procedural justice in social security. It outlines an approach to the analysis of... Sample PDF
Justice Beyond the Courts: The Implications of Computerisation for Procedural Justice in Social Security
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Chapter 6
Melissa H. Conley Tyler
Every community—whether physical or virtual will inevitably experience conflict. New ways of interacting through information and communication... Sample PDF
Online Dispute Resolution
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Chapter 7
E-Justice in Spain  (pages 98-116)
Agustí Cerrillo I Martínez
Administration of justice is adding information and communication technologies in its internal operations and its relations both with judicial... Sample PDF
E-Justice in Spain
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Chapter 8
Francesco Contini, Antonio Cordella
The Italian judiciary is characterised by a weak system of governance, consequence of institutional and cultural factors. In this framework, the... Sample PDF
Italian Justice System and ICT: Matches and Mismatches Between Technology and Organisation1
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Chapter 9
Roberto Fragale Filho, Alexandre Veronese
It has become commonplace to talk about a silent revolution in the Brazilian Judiciary for which the widespread use of ICT has been of great impact.... Sample PDF
Electronic Justice in Brazil
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Chapter 10
J. William Holland
This chapter outlines the history of digital government in criminal justice, starting with the Johnson Administration’s findings concerning... Sample PDF
Digital Government and Criminal Justice
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Chapter 11
Sandra Potter, Phil Farrelly, Derek Begg
This chapter tracks the response of Australian courts to rapid advances in ICT. It shows how, despite early resistance and a reactive approach to... Sample PDF
The E-Court Roadmap: Innovation and Integration An Australian Case Study
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Chapter 12
Yves Poullet
This chapter examines the ambitious Phenix project, a global project for the whole computerization of all Courts and Tribunals in Belgium, with the... Sample PDF
The Belgian Case: Phenix or How to Design E Justice Through Privacy Requirements and in Full Respect of the Separation of Powers
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Chapter 13
Alexei Trochev
When the Internet reached Russia in the mid- 1990s, Russian judicial chiefs actively embraced the idea of having a solid presence of national... Sample PDF
Courts on the Web in Russia
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Chapter 14
Anne Wallace
A 1999 Australian report on the prospective impact of information and communications technology on the justice system presented a vision of how... Sample PDF
E-Justice: An Australian Perspective
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About the Contributors