questionnaire part 1 –e-procedure: electronic ... · 7/11/2014 : brno - the aca-europe...

Questionnaire Part 1 – E-Procedure: Electronic communication with persons involved in proceedings

Facts & Figures

The ACA-Europe Information Network

Third round table: E-Justice: recent developments (last 5 years)

7 November 2014, Brno

7/11/2014 : Brno - The ACA-Europe Information Network Nr. 2

Answers received

20 countries sent back the questionnaire

2 countries answered „for the future“: 2015, 2017


Part C.1.

Transmission of Documents: Electronic Submission

Parties,

lawyers, etc.your court


Admissibility

Yes/No, filing in electronic form is permissible:

• Yes: 15 countries

• No: 5 countries

Laws/Rules planned: 15 countries

Yes, since … No. of countries

2001 �

2002

2003 � �

2004 �

2005 � �

2006

2007 � �

2008 – 2011

2012 �

2013 � �

2014 �

2015 �

2016

2017 �

14 out of 15


Technical Implementation

Has submission of electronic documents been

implemented technically within your institution?

• Yes: 12 institutions/countries


2001

2002

2003 � �

2004 �

2005

2006

2007 �

2008

2009 � �

2010 �

2011 �

2012

2013 �

2014 �

10 out of 12


Frequency of Usage

Which percentage of documents are filed electronically?

No. of answers

< 10% 6

10% - 50% 4

50% - 90% 3

> 90% 0

13 out of 15


Types of proceedings where electronic filing is permissible but where certain documents are excluded

• Proceedings excluded: 0 countries

• Documents excluded: 5 countries/answers� Type of documents:

• some files regarding format or extension, in case of doubt regarding authenticity

• pleadings• notarial authorization, contracts• notarial documents • confidential documents

• No documents excluded: 10 countries


Transmission – change of method at a later stage

electronically � conventional:

• Yes, can be changed: 11 countries

• Yes, but only in exceptional cases: 2 countries

13 out of 15


Experience with Electronic Transmission

+ Faster and cheaper procedure

+ Possibility to send documents 24 hours, 7 days

+ Reduced court fees

+ Lawyers file two versions of a document in order to help the court do copy-

pasting of metadata into the case management system

+ Increase in documents sent electronically to the court

+ Helps to save time, postage and expenses (less stamp-duty)

+ Parties use prepared forms (public e-services), therefore less shortcomings

+ Electronic transmission used by more than 94% of the lawyers at the

supreme courts

— Negative experience, poor technical quality

— Complicated technical solution

— Only one specific software used, too complicated for citizens


Part C.2.

Transmission of Documents: Electronic „Way Back“

Parties,

lawyers, etc.your court


Admissibility („Way Back“)

Yes/No, transmitting in electronic form is

permissible:

• Yes: 14 countriesAnnotations:

• The court may use electronic notifications.• The court has the right to send official documents

without electronic signature.

• No: 4 countries

Laws/Rules planned: 11 countries


2001 � �

2002

2003 �

2004

2005 �

2006

2007 � �

2008 – 2011

2012

2013 � � � �

2014 �

2015 �

2016

2017 �

13 out of 14


Technical Implementation („Way Back“)

Has this been implemented technically

within your institution?

• Yes: 13 institutions/countries


2001

2002

2003 �

2004 �

2005

2006

2007

2008

2009 � �

2010

2011 �

2012

2013 �

2014 �

7 out of 13


Frequency of Usage („Way Back“)

Which percentage of documents are filed electronically?

No. of answers

< 10% 6

10% - 50% 0

50% - 90% 8

> 90% 0

14 out of 14

*

*one annotation: mainly to administrative authorities


Types of proceedings where electronic transmission is permissible but where certain documents are excluded

• Proceedings excluded: 1 country (one annotation: summons, with registered letter)

• Documents excluded: 4 countries/answers� Type of documents:

• some files regarding format or extension• pleadings• judgments and decisions (in two countries)

• No documents excluded: 8 countries


Experience with Electronic Transmission („Way Back“)

+ Faster and cheaper procedure

+ Reduction of postage expenses, paper, printer cartridges

+ Saves time and effort

+ No specific problems

— Some lawyers still prefer to receive documents from the court

by postal service


Part C.3.

Further Comments on Electronic Communication

Are there technical standards for electronic transmission between the judicial authorities and parties, lawyers, etc.?


Technical Standards for Electronic Transmission

Technical standards

exist:

• Yes: 15 countriesExamples:

• PDF; JPG; HTML; RTF; DOC; TXT; ODF;

XLS; MPG; TIF; BMP; XML

• EGVP; De-Mail-Service; XJustiz

• No: 3 countries

Technical standards required by

law/rules:


• No: 1 country

• Not uniformly

regulated: 1 country


Method of Transmission of Electronic Documents

• Separate Network (Extranet): 1 country

• Internet: 12 countries

• Other Methods: 6 countries

• specific data medium operated jointly by two ministries• EGVP-system provides secure end-to-end-encryption • DVD, USB-stick• special service network• LEXNET• one not specified/named


Part C.4.

Signatures

How does your institution ensure the authenticity and integrity of the data sent in the course of electronic communication between courts, judicial authorities and persons involved in proceedings who are not part of the judicial system?


Use of: Simple or Advanced Signature

Simple signature (Signatures Directive, Article 2, Point 1)

• Yes: 1 country

• No: 7 countries

• Type of document/Procedure: 0

Advanced electronic signature(Signatures Directive, Article 2, Point 2)


• No: 5 countries

• Type of document/Procedure:Procedural documents in 1

country


Use of: Advanced Electronic Signature (qualified signature; Signatures Directive, Article 5, Point 1)

• Yes: 11 countries (one from 2015)

• No: 4 countries

• Type of document/procedure: 5 countries• pleadings by lawyers• all types of official documents• all documents• notary procedure, tax procedure, land registry, company registration• procedural documents

• Other protection techniques: 2 countries• Cryptography techniques of e-mail• timestamp


Results (1)

1. „Way In“: Electronic submission according to laws/rules

2. Introduction of electronic submission: 2003-2005; 2012-2014

3. Technical implementation of electronic submission: 2009-

2014

4. Percentage of documents submitted electronically: well below

50%

5. No exclusion of type of proceedings for electronic submission


Results (2)

6. Change of method for submission of documents is allowed

7. Submission of electronic documents is viewed as successful

8. „Way Back“: Electronic transmission according to laws/rules

9. Submission of electronic documents preceded transmission

10.The percentage of documents transmitted electronically to

persons involved in proceedings is either still very low or

already quite high


Results (3)

11.Exclusion of types of documents from electronic transmission

12.Transmission of electronic documents requires technical

standards set by laws/rules

13. For transmission most courts use the internet; others use a

special and more secure system

14.The qualified electronic signature is used for ensuring

authenticity and integrity of data


Questionnaire Part 1 – E-Procedure

Thank you for your attention!