E-Justice in Spain

E-Justice in Spain

Agustí Cerrillo I Martínez (Universitat Oberta de Catalunya, Spain)
DOI: 10.4018/978-1-59904-998-4.ch007
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Administration of justice is adding information and communication technologies in its internal operations and its relations both with judicial operators and citizens in Spain. The chapter describes the Spanish institutional framework characterized by the plurality of actors with competences in the administration of justice and the lack of mechanisms of coordination among them. Then, it sets out the different applications of ICTs within administration of justice, classified into four categories: treatment of information, management of judicial files, relations between judicial operators, and decision making. The analysis of such applications focuses on Spanish administration of justice. The chapter finally shows the impact of Spanish institutional framework of justice in the development of e-justice.
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Institutional Precedents Of E-Justice In Spain

The development of e-justice does not simply imply modernising administration of justice and the use of information and communication technologies to link judicial operators (judges, lawyers, prosecutors, etc.). To boost e-justice, it is necessary to both incorporate and spread the use of technology in administration of justice, and this should also be accompanied by innovation in the organisation and changes in the law.1

In the following pages, institutional precedents of e-justice in Spain will be described which, as we shall see, are based on a complex institutional system characterised by the involvement of a wide range of people and agencies (General Council of the Judiciary, Ministry of Justice, and Autonomous Communities with competences in matters of justice) and legislation which has gradually evolved over the years to support the use of electronic media in the administration of justice.

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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
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