The Italian Style of E-Justice in a Comparative Perspective

The Italian Style of E-Justice in a Comparative Perspective

Marco Fabri (Research Institute on Judicial Systems, National Research Council, Italy)
DOI: 10.4018/978-1-59904-998-4.ch001
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The European Union (EU) is an extraordinary laboratory of innovation and change, particularly in the justice sector. The diversity of environments within Europe provides contrasting examples of the use of technology to support the administration of justice. This chapter presents some of the findings of ongoing research on e-government in judicial administration, which has been carried on by the Research Institute on Judicial Systems of the National Research Council in Bologna, Italy. More in detail, the chapter considers the Italian case in a comparative perspective. It illustrates the great diversity of ways in which EU members are harnessing information and communication technology (ICT) to support the operation of their legal systems, and it identifies different strategies as well as tools developed. Finally, it detects some critical issues and trends in Italy in comparison with the challenges addressed by other countries.
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E-Government Strategies In Justice Systems

In the EU, there is a continuum from situations in which ICT projects are still in the hands of the centralized ministries of justice to the establishment of court services agencies and the consequent devolution to them of the functions related to the development of ICT in the justice systems. For example, in Austria, the projects are handled by the Ministry of Justice with the assistance of the Federal Computing Centre, which gives technical support to the different public administration units as far as ICT projects are concerned. In Belgium, within the General Services of the Ministry of Justice, there is the Centre for Information Processing, which is assisted by experts and users’ groups made up of judges, clerks, and ICT managers. Denmark has recently established a Court Service Agency, similar to the ones in Ireland, England, and Wales, within which there is a department for ICT. A similar situation is present in Norway where the State Court IT Service, which is supervised by but independent from the Ministry of Justice, is in charge of the development and implementation of ICT projects. In Sweden, the Ministry of Justice coordinates ICT matters along with the National Court Administration and the other national agencies for probation, police, prosecution, and prisons. In Finland, a Judicial Administration Department within the Ministry of Justice is in charge of ICT strategy, while technical matters are taken care of by the Data Administration Bureau, a unit of the Ministry. In France, ICT is strictly under the control of the Ministry of Justice which has a commission for data processing, including representatives of all the directorates of the Ministry: clerks and delegates from the legal profession. In Germany, ICT policies are developed by the ministries of justice of the states (Länder) in accordance with the chief judges and prosecutors of the various judicial offices. Local judicial councils also play a vital role in the implementation process (Fabri & Contini, 2001).

Complete Chapter List

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Table of Contents
Agustí Cerrillo i Martínez, Pere Fabra i Abat
Chapter 1
Marco Fabri
The European Union (EU) is an extraordinary laboratory of innovation and change, particularly in the justice sector. The diversity of environments... Sample PDF
The Italian Style of E-Justice in a Comparative Perspective
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
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
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
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
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
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
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
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
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
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
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
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
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
About the Contributors