International Journal for Court Administration最新文献

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E-Justice Platforms: Challenges for Judicial Governance 电子司法平台:司法治理的挑战
International Journal for Court Administration Pub Date : 2022-01-01 DOI: 10.36745/ijca.445
Dory Reiling, F. Contini
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引用次数: 5
Initial Reflections on the Potential Effects of the Covid-19 Pandemic on Courts and Judiciary of England and Wales 新冠肺炎疫情对英格兰和威尔士法院和司法机构潜在影响的初步思考
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.394
J. Sorabji
{"title":"Initial Reflections on the Potential Effects of the Covid-19 Pandemic on Courts and Judiciary of England and Wales","authors":"J. Sorabji","doi":"10.36745/IJCA.394","DOIUrl":"https://doi.org/10.36745/IJCA.394","url":null,"abstract":"This paper considers the initial impact of the Cvid-19 pandemic on the administration of the courts in England and Wales. It explores the early empirical evidence the pandemic has had on the digitisation of justice. It further considers the medium to longer term potential impact the pandemic’s consequences, and the effect it has had on digitisation of the courts, on court procedures, the nature of the judiciary, and the legal profession. © 2021 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42257537","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Video-Hearings in Europe Before, During and After the COVID-19 Pandemic 在2019冠状病毒病大流行之前、期间和之后举行的欧洲视频听证会
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.379
Anne Sanders
{"title":"Video-Hearings in Europe Before, During and After the COVID-19 Pandemic","authors":"Anne Sanders","doi":"10.36745/IJCA.379","DOIUrl":"https://doi.org/10.36745/IJCA.379","url":null,"abstract":"While they were possible before in many countries, the COVID-19 crisis accelerated the use of remote- or video-hearings in courts in many European countries. It is unlikely that video-hearings will disappear with the end of the pandemic. Looking forward to the best possible use of remote hearings for the future, and to a new understanding how justice is done outside a physical courtroom, collecting and comparing the different legal frameworks and experiences in as many countries as possible can provide invaluable resources. This paper presents information on legal approaches and experiences provided by active and former members of the Council of Europe’s Consultative Council of European Judges (CCJE) from Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina, Croatia, the Czech Republic, Finland, France, Germany, Ireland, Italy, Lithuania, Norway, Poland, Romania, Russia, San Marino, Spain, Sweden, Switzerland, Ukraine and the United Kingdom who generously replied to a questionnaire sent out by the CCJE secretariat in December 2020 on my behalf. The paper addresses the legal framework, the technical side of video-hearings and different experiences and challenges. © 2021 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46957083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 9
COVID-19 and the Courts. The Case of the Court of Justice of the European Union (CJEU) COVID-19和法院。欧洲联盟法院(CJEU)案例
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.381
Costas Popotas
{"title":"COVID-19 and the Courts. The Case of the Court of Justice of the European Union (CJEU)","authors":"Costas Popotas","doi":"10.36745/IJCA.381","DOIUrl":"https://doi.org/10.36745/IJCA.381","url":null,"abstract":"COVID-19 has put forth the value of proactive and good Court administration. The Court of Justice of the European Union (CJEU) ensures the uniform interpretation and application of the European Union law. It is a complex supranational organisation, and its workings involve 24 languages. Shifting from risk management to crisis management is an arduous task in such an environment. Nevertheless, based on previous experiences and alerts, the Court took advantage of the established crisis management plans to counter the Covid-19 pandemic. This article aims to offer insights into how the Court manifested its preparedness, remained resilient and managed the crisis by enhancing its contingency plans, using its teleworking experience, benefiting from a modernised IT infrastructure, and applying its procedural rules intelligently. It will also examine how the Court envisages consolidating the judicial and administrative changes in the future. © 2021. The Author(s).","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45229823","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
“The COVID-19 Crisis – the New Challenges Before the Indian Justice and Court Administration System” “新冠肺炎危机——印度司法和法院行政系统面临的新挑战”
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.391
Jyoti Rattan, V. Rattan
{"title":"“The COVID-19 Crisis – the New Challenges Before the Indian Justice and Court Administration System”","authors":"Jyoti Rattan, V. Rattan","doi":"10.36745/IJCA.391","DOIUrl":"https://doi.org/10.36745/IJCA.391","url":null,"abstract":"In India, the COVID-19 crisis came at a time when the focus was already on accelerating the setting up of E-courts and the digitization of justice and court administration. The journey of e-Governance initiatives in court administration started mainly in the mid-1990s and was further enhanced after enactment of the Information Technology Act 2000 (amended 2008). E-courts were launched as a part of the National e-Governance Plan (NeGP) way back in 2006. However, it appears that the sudden and unexpected advent of COVID-19 crisis has provided a greater fillip in bringing about a rapid transformation in the manner of court administration in the country. As physical appearances by lawyers and litigants were discouraged in courts due to the strict safety protocols of the COVID-19 crisis, greater use of technology, already put in place, came in handy in justice and court administration. This paper aims to broadly cover the situation in India before the COVID-19 crisis, and examine how the court administration reacted to various challenges thrown up by the COVID-19 crisis, particularly, in the period after lockdown. It will outline the major technological initiatives existing in court administration in India before the advent of the COVID-19 crisis, such as court related apps, before discussing how courts at various levels, including Lok Adalats (People’s Courts), the Supreme Court, the High Courts and the District and Subordinate Court, modified the manner of court functioning during COVID, accelerating the move towards e-Judiciary. It will then discuss some of the challenges that have been encountered, including reservations of the Bar, and major hurdles facing the court administration post-COVID 19. © 2021 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47972603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Judicial Responses to COVID-19 Attack: Impacts on the Working Conditions of Portuguese Courts 对COVID-19攻击的司法反应:对葡萄牙法院工作条件的影响
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.382
J. Dias, Paula Casaleiro, Teresa Lima, Conceição Gomes
{"title":"Judicial Responses to COVID-19 Attack: Impacts on the Working Conditions of Portuguese Courts","authors":"J. Dias, Paula Casaleiro, Teresa Lima, Conceição Gomes","doi":"10.36745/IJCA.382","DOIUrl":"https://doi.org/10.36745/IJCA.382","url":null,"abstract":"The coronavirus outbreak shows the critical importance of health and safety at work measures and working conditions in all sectors of activity, including the judicial system. The COVID-19 crisis put pressure on the Portuguese judicial system to implement new procedures and practices in a very short time, which severed and exposed some previous identified fragilities of the judiciary organization and management of the judicial system, with consequences in the working conditions of the judicial professionals. The main objective of this article is to analyse the response(s) to the coronavirus crisis concerning the working conditions in the Portuguese judicial system. The pursuit of this objective involved the collection and analysis of legislation and regulation and online news, opinion pieces and press releases from the judicial associations and public official institutions from February to June 2020 concerning the response to the COVID-19 pandemic in the judicial system. © 2021 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41900734","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Swiss Courts Facing the Challenges of COVID-19 瑞士法院面临新冠肺炎挑战
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.380
Daniel Kettiger, Andrea Lienhard
{"title":"Swiss Courts Facing the Challenges of COVID-19","authors":"Daniel Kettiger, Andrea Lienhard","doi":"10.36745/IJCA.380","DOIUrl":"https://doi.org/10.36745/IJCA.380","url":null,"abstract":"The COVID-19 pandemic took courts in Switzerland by surprise, just as it did most courts and other public institutions in Europe. This contribution summarises the situation as it has affected courts in Switzerland during the COVID-19 pandemic and tries to draw some initial conclusions. In Switzerland, there was a failure to include the justice system in the emergency/pandemic plans and in the organisation of the response to the crisis. In addition, the situation revealed that Switzerland is lagging behind other states on court technology, which led to difficulties in conducting court proceedings during the coronavirus crisis. © 2021. All Rights Reserved.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42452586","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Will COVID-19 Accelerate Implementation of ICT in Courts? 2019冠状病毒病是否会加速ICT在法院的应用?
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.384
M. Fabri
{"title":"Will COVID-19 Accelerate Implementation of ICT in Courts?","authors":"M. Fabri","doi":"10.36745/IJCA.384","DOIUrl":"https://doi.org/10.36745/IJCA.384","url":null,"abstract":"The COVID-19 pandemic with the need to keep physical distance has suddenly increased the use of digital tools in all business areas and social activities, including the judiciary, demonstrating the need to accelerate the digitalisation of the handling of cases, access to justice, and audio-video communications. The outbreak has clearly displayed the problems that affects the general functioning of the various justice systems, and the limited, and often not very effective, use of information and communication technologies. The challenge now is to keep and further develop what has been useful and abandon what has been shown to be too problematic, or maybe just too premature for the time being. This paper tries to answer the question: “Will COVID-19 accelerate implementation of ICT in courts?” © 2021 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46909210","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 5
Courts in Victoria, Australia, During COVID: Will Digital Innovation Stick? 新冠疫情期间,澳大利亚维多利亚州法院:数字创新会持续吗?
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.389
Anne Wallace, K. Laster
{"title":"Courts in Victoria, Australia, During COVID: Will Digital Innovation Stick?","authors":"Anne Wallace, K. Laster","doi":"10.36745/IJCA.389","DOIUrl":"https://doi.org/10.36745/IJCA.389","url":null,"abstract":"We present a case-study of the swift digital response to COVID-19 restrictions by the courts in the State of Victoria, Australia’s second-largest jurisdiction. We analyse the extent to which the management of this crisis (Step 1 in John Kotter’s model of innovation) can serve as the catalyst for digital innovation in these courts. We contend that the history of innovation in Australia is of quick, pragmatic fixes which do not translate into systematic change. For example, although Australian courts are often credited with being pioneers in court technology, recourse to apparent ‘virtual courts’ before and during COVID is probably not truly innovative. Applying Boschma’s theory about the 5 ‘proximities’ which promote innovation — geographical, social, cognitive, institutional and organisational — we maintain that for these courts, those factors have, paradoxically, worked in the opposite direction to undermine technological innovation. However COVID has seen critical changes in a number of these elements, supported by ideological and practical concerns for courts. Taken together, we are cautiously optimistic that post-COVID, Kotter’s final stage of “Making it Stick” through a technologically friendly legal culture which supports systematic and sustained court innovation, might just be possible if government is willing to fund a grander innovation agenda and has confidence in the courts’ ability to carry it through. © 2021 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42126132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
Ministerial Emergency Powers Over Court Administration in the Israeli Judiciary 以色列司法机构对法院行政的部长级紧急权力
International Journal for Court Administration Pub Date : 2021-05-06 DOI: 10.36745/IJCA.383
G. Lurie
{"title":"Ministerial Emergency Powers Over Court Administration in the Israeli Judiciary","authors":"G. Lurie","doi":"10.36745/IJCA.383","DOIUrl":"https://doi.org/10.36745/IJCA.383","url":null,"abstract":"This article focuses on the administration of courts in Israel during the Coronavirus Pandemic, and particularly on the emergency powers utilized by the Minister of Justice. The article points out that more attention must be granted to the confluence of two issues: emergency powers and court administration. While the literature on emergency powers has discussed at length the challenges inherent in maintaining the rule of law under extreme conditions, the literature on court administration has not shown as clear an awareness of the issue, even though it has extensively discussed the tensions intrinsic to executive control over court administration. This article points out, drawing on both of these theoretical discourses, that we must carefully structure emergency powers over the administration of courts taking care to maintain the realization of the principles of judicial independence and judicial accountability, which in emergencies necessitates a clear separation of the power to declare a state of emergency from the power to curtail court operations due to the emergency. Furthermore, we must also maintain transparency in the realization of these principles, which is almost as important as their actual realization in order to maintain public confidence in the courts. © 2021 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See http://creativecommons.org/licenses/by/4.0/.","PeriodicalId":37676,"journal":{"name":"International Journal for Court Administration","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-05-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44348242","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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