Strasbourg, 2 June 2015
CEPEJ(2015)5
EUROPEAN COMMISSION FOR THE EFFICIENCY OF JUSTICE
(CEPEJ)
|
SCHEME FOR EVALUATING JUDICIAL SYSTEMS IT questions 2014-2016 CYCLE |
Sources (designation of the service(s) having possibly assisted the national correspondent for filling questions 62 to 65)
62. Technologies used for direct assistance to judges / prosecutors / court clerks
Infrastructures, equipment and office softwares
62.1 Basic facilities (micro-computers, internet connection and e-mail)
Equipment rate(*) 100% 50-99% 10-49%1-9% 0% (NAP) NA
Equipment policy coordinated at national level Yes No
Average speed to the internet in jurisdictions (*) (use the scale described in the explanatory note to answer this question)
Very high speed High speed Medium speed Low speed NA
62.2 Advanced use of office automation tools (*) (shared folders on servers, shared planning, etc.)
Equipment rate(*) 100% 50-99% 10-49%1-9% 0% (NAP) NA
Use policy coordinated at national level Yes No
62.3 Is there staff specifically dedicated to computer maintenance in the jurisdictions?
Yes
If yes, is this service:
Outsourced
Internal to the jurisdictions (specialised non-judge staff)
Both of them
No
Comments (current developments, fields concerned, clarifications regarding the status or structuration of the maintenance services)
Centralised databases for decision support
62.4 Is there a centralised national case law database?
Yes No
If yes, please specify the following information :
|
Equipment rate(*) |
Link with ECHR case law(*) |
Denomination(s)(*) of the database(s) |
|
|
Unique centralised database for all matters (*) |
100% 50-99% 10-49%1-9%) NA |
Yes No |
|
|
If no, please fill in the questionnaire for the matter(s)(*) concerned : |
|||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
|
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
|
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
|
|
Other (please, specify in comment to question 62) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
|
62.5 Centralised legislative database
Equipment rate(*) 100% 50-99% 10-49%1-9% 0% (NAP) NA
Link to databases of case law Yes No NA
Denomination(*) of the database
62.6 Is there a computerised national record centralising all criminal convictions?
Yes
Linkage with other European records of the same nature Yes No
Content directly available by computerised means for judges and/or prosecutors Yes No
Content directly available for purposes other than criminals (civil and administrative matters) Yes No
Authority delivering the access
No
Writing assistance tools
62.7 Are there writing assistance tools for which the content is coordinated at national level? (*) (models or templates, paragraphs already written, etc.)
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Denomination(s)(*) of the tool(s) |
|
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
|
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
|
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
|
|
Other (please, specify in comment to question 62) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
62.8 Voice dictation tools
Equipment rate(*) 100% 50-99% 10-49%1-9% 0% (NAP) NA
Other tools
62.9 Access to an intranet in the jurisdiction (broadcasting of national or local news)
Equipment rate(*) 100% 50-99% 10-49%1-9% 0% (NAP) NA
62.10 Possibility of online training (e-learning) for judges, prosecutors and/or court clerks
Equipment rate(*) 100% 50-99% 10-49%1-9% 0% (NAP) NA
Comments - questions 62.1 to 62.10
63. Technologies used for court management and administration
Use of information technologies for improving the efficiency of the judicial system functioning
63.1 Is there a case management system(*) ? (software or group of softwares used for the recording of judicial proceedings and their management)
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Centralised or interoperable database(*) |
Early warning signals (for active case management)(*) |
Denomination(s)(*) of the system(s) |
|
|
Database for all matters(*) |
100% 50-99% 10-49%1-9% NA |
Yes No |
Yes No |
|
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
||||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Other (please, specify in comment to question 63) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
63.2 Computerised registries managed by courts
|
Equipment rate(*) |
Data consolidated at national level |
Service available online(*) |
Denomination(s)(*) of the tool(s) |
|
|
Land registry |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Business registry |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Other (please, specify in comment to question 63) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
63.3 Are there statistics tools to measure courts activity? (tool, directly linked or not to the case management system of Q63.1, allowing to quantify among others the number of incoming, resolved and pending cases by type of case – e.g.: infocentres, data warehouse, etc.)
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Data consolidated at national level |
Denomination(s)(*) of the system(s) |
|
|
Unique statistical tool for all matters(*) |
100% 50-99% 10-49%1-9% NA |
Yes No |
|
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
|||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
|
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
|
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
|
|
Other (please, specify in comment to question 63) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
|
63.4 Do business intelligence tools(*) based on the statistical tools are developed?
Yes No
63.5 What are the terms and conditions for using statistical activity data of courts to allocate them human and financial resources?(*) (e.g.: use of the number of incoming cases to calculate the number of judges for one jurisdiction, etc.)
Budgetary and financial monitoring
63.6 Budgetary and financial management system of courts
|
Equipment rate(*) |
Data consolidated at national level |
System communicating with other ministries (*) (financial among others) |
Denomination(s)(*) of the tool(s) |
|
|
Budgetary and financial management of courts(*) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Justice expenses management (*) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Other (please specify in comment to question 63) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
Other tools of courts management
63.7 Measurement tools to assess the workload of judges, prosecutors and/or court clerks (tool quantifying the activity of judges, prosecutors and/or court clerks – for example the number of cases resolved)
Equipment rate(*) 100% 50-99% 10-49%1-9% 0% (NAP) NA
Data used for a monitoring at ☐national level ☐ local level
63.8 Videoconferencing between courts (this does concern the use of audio-visual devices used for administration and court management – e.g.: coordination meetings between remote entities, training, etc.).
Equipment rate(*) 100% 50-99% 10-49%1-9% 0% (NAP) NA
Comments - questions 63.1 to 63.8
64. Technologies used for communication between courts, professionals and/or court users
Use of information technologies to improve the quality of the service provided to the court users (technologies directly accessible by the procedure users without having recourse to a professional)
64.1 General-interest information websites (website designed for users, which presents courts missions, the organisation, judicial map, etc.)
Websites at national and/or local level(s)
☐ Website gathering national information
☐ Specific website for each jurisdiction
Please specify the percentage of courts providing this service100% 50-99% 10-49%0-9%NA
No website (NAP)
64.2 Is there a possibility to submit a case to courts by electronic means(*)?(possibility to introduce a case by electronic means, for example an e-mail or a form on a website)
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Submission of cases in paper form remains mandatory |
Specific legislative framework authorising the submission of a case(*) |
Denomination(s)(*) of the software(s) dealing with online submission of cases |
|
|
Single electronic access point for all matters(*) |
100% 50-99% 10-49%1-9% NA |
Yes No |
Yes No |
|
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
||||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Other (please, specify in comment to question 64) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
64.3 Is it possible to request for granting legal aid by electronic means(*)?
Yes No
If yes, please specify the following information:
Equipment rate(*) 100% 50-99% 10-49%1-9% NA
Formalisation of the request in paper form remains mandatoryYes No
Specific legislative framework(*) regarding requests for granting legal aid by electronic means Yes No
Denomination(*) of the software dealing with online requests
64.4 Is it possible to transmit summons to a judicial meeting or a hearing by electronic means? (a judicial meeting relates to stages prior to a court hearing, with a view to mediation or conciliation)
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Summon in paper form remains mandatory |
Consent of the user to be notified by electronic means(*) |
Terms and conditions (if other please specify in comments) |
Specific legislative framework(*) |
|
|
Summon possible for all matters(*) |
100% 50-99% 10-49%1-9% NA |
Yes No |
Yes No |
☐SMS ☐ Specific computer application(*) ☐ Other |
Yes Non |
|
If no, please fill in the questionnaire for the matters(*) concerned: |
|||||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
☐SMS ☐ Specific computer application(*) ☐ Other |
Yes No |
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
☐SMS ☐ Specific computer application(*) ☐ Other |
Yes No |
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
☐SMS ☐ Specific computer application(*) ☐ Other |
Yes No |
|
Other (please, specify in comment to question 64) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
☐SMS ☐ Specific computer application(*) ☐ Other |
Yes No |
64.5 Is it possible to monitor the stages of an online judicial proceeding? (Consultation on a website of the progress of a judicial proceeding by the court from the submission of a case to its deliberation)
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Monitoring linked to the case management system (Q63.1) |
Monitoring including the publication of an online decision (*) |
Denomination(*) of the software used for the online monitoring |
|
|
Possibility for all matters(*) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
||||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
|
Other (please, specify in comment to question 64) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Yes No |
Yes No |
|
Use of information technologies for improving the relationship quality between courts and professionals
64.6 Are there possibilities of electronic communication between courts and lawyers? (sending of computer data contained in a judicial proceeding with or without scanned documents, mainly to develop dematerialised communication)
Yes No
If yes, please specify the following informations:
|
Equipment rate(*) |
Trial phases concerned(*) |
Terms and conditions(*) (if there are different according to the trial phases or if other, please specify in comments) |
Specific legal framework(*) |
|
|
Communication possible for all matters(*) |
100% 50-99% 10-49%1-9% NA |
☐ Submission of a case to a court ☐ Phases preparatories to a hearing ☐ Schedule of hearings and/or appeals management ☐ Transmission of courts decisions |
☐ Specific computer application(*) ☐ Other |
Yes No |
|
If no, please fill in the questionnaire for the matters(*) concerned: |
||||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Submission of a case to a court ☐ Phases preparatories to a hearing ☐ Schedule of hearings and/or appeals management ☐ Transmission of courts decisions |
☐ Specific computer application(*) ☐ Other |
Yes No |
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Submission of a case to a court ☐ Phases preparatories to a hearing ☐ Schedule of hearings and/or appeals management ☐ Transmission of courts decisions |
☐ Specific computer application(*) ☐ Other |
Yes No |
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Submission of a case to a court ☐ Phases preparatories to a hearing ☐ Schedule of hearings and/or appeals management ☐ Transmission of courts decisions |
☐ Specific computer application(*) ☐ Other |
Yes No |
|
Other (please, specify in comments to question 64) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Submission of a case to a court ☐ Phases preparatories to a hearing ☐ Schedule of hearings and/or appeals management ☐ Transmission of courts decisions |
☐ Specific computer application(*) ☐ Other |
Yes No |
If “other”, please specify any useful comment regarding this section.
64.7 Terms and conditions of electronic communication used by professionals other than lawyers (sending of computer data contained in a judicial proceeding with or without scanned documents, mainly to develop dematerialised communication)
|
Equipment rate(*) |
Deeds concerned(*) |
Terms and conditions(*) (if there are different according to the deeds or if other, please specify in comments) |
Specific legal framework(*) |
|
|
Enforcement agents (as defined in Q169 et seq.) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Communications between enforcement agents and users: ☐ Summon to a court ☐ Notification of decisions ☐ Debt collection ☐Other |
☐ Specific computer application(*) ☐ Other |
Yes No |
|
Notaries (as defined in Q192 et seq.) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Communications between notaries and users: ☐ In civil proceeding ☐ In matter of legal advice ☐ To authenticate deeds/certificates ☐ Other |
☐ Specific computer application(*) ☐ Other |
Yes No |
|
Experts (as defined in Q202 et seq.) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Communications between experts and courts: ☐ To exchange evidences/bill of costs, etc. ☐ For the monitoring of expertises and timeframes reminder ☐ Other |
☐ Specific computer application(*) ☐ Other |
Yes No |
|
Judicial police services |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Communications between the police services and the prosecuting authorities: ☐ To transmit instructions from the public prosecution to the investigators ☐ To communicate to the public prosecution, proceedings data for which the investigation is over ☐ Other |
☐ Specific computer application(*) ☐ Other |
Yes No |
If “other”, please specify any useful comment regarding this section.
64.8 Is there a device for electronic signatures of documents between courts, users and/or professionals? (device ensuring the integrity of an electronic document based on an infrastructure of digital keys management)
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Deeds concerned (if other, please specify in comments) |
Signature remaining mandatory on a paper original |
Specific legal framework(*) |
|
|
Signature possible for all matters(*) |
100% 50-99% 10-49%1-9% NA |
☐ Conclusions exchanged between lawyers aimed at a court(*) ☐ Judicial administration deeds (summons issued by the court for example) ☐ Decisions of other jurisdictions ☐ Other |
Yes No |
Yes No |
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
||||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Conclusions exchanged between lawyers aimed at a court(*) ☐ Judicial administration deeds (summons issued by the court for example) ☐ Decisions of other jurisdictions ☐ Other |
Yes No |
Yes No |
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Conclusions exchanged between lawyers aimed at a court(*) ☐ Judicial administration deeds (summons issued by the court for example) ☐ Decisions of other jurisdictions ☐ Other |
Yes No |
Yes No |
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Conclusions exchanged between lawyers aimed at a court(*) ☐ Judicial administration deeds (summons issued by the court for example) ☐ Decisions of other jurisdictions ☐ Other |
Yes No |
Yes No |
|
Other (please specify in comment to question 64) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Conclusions exchanged between lawyers aimed at a court(*) ☐ Judicial administration deeds (summons issued by the court for example) ☐ Decisions of other jurisdictions ☐ Other |
Yes No |
Yes No |
If “other”, please specify any useful comment regarding this section.
64.9 Are there online processing devices of specialised litigation? (low value litigation, undisputed claims, preparatory phases to the resolution of family conflicts, etc. – please, specify in “comments” section)
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Type of litigation concerned |
Denomination(s) of the tool(s) |
|
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
||
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
||
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
||
|
Other (please, specify in comments to question 62) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Use of information technologies between courts, professionals and users in the framework of judicial proceedings
64.10 Videoconferencing between courts, professionals and/or users (this does concern the use of audio-visual devices in the framework of judicial proceedings such as the hearing of parties, etc.)
Yes No
If yes, please specify the following information and describe in comments of this section the cases of actual use of videoconferencing and the expected benefits (for example, the use of this device to reduce the number of detainees’ transfers to the court):
|
Equipment rate(*) |
Proceeding phase(*) |
Specific legislative framework(*) |
|
|
Videoconferencing in all matters(*) |
100% 50-99% 10-49%1-9% NA |
☐ Prior to the submission of a case to the court or to the hearing ☐ During the hearing ☐ After the hearing |
Yes No |
|
If no, please fill in the questionnaire for the matters(*) concerned: |
|||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Prior to the submission of a case to the court or to the hearing ☐ During the hearing ☐ After the hearing |
Yes No |
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Prior to the submission of a case to the court or to the hearing ☐ During the hearing ☐ After the hearing |
Yes No |
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Prior to the submission of a case to the court or to the hearing ☐ During the hearing ☐ After the hearing |
Yes No |
|
Other (please specify in comments to question 64) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
☐ Prior to the submission of a case to the court or to the hearing ☐ During the hearing ☐ After the hearing |
Yes No |
64.11 Recording of hearings or debates (sound or audio-visual recording during the investigation and/or trial phase(s))
Yes No
If yes, please specify the following information:
|
Equipment rate(*) |
Type of recording |
Specific legislative framework(*) |
|
|
Recording in all matters |
100% 50-99% 10-49%1-9% NA |
Sound Video |
Yes No |
|
If no, please fill in the questionnaire for the matter(s)(*) concerned: |
|||
|
Civil and/or commercial |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Sound Video |
Yes No |
|
Criminal |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Sound Video |
Yes No |
|
Administrative |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Sound Video |
Yes No |
|
Other (please specify in comments to question 64) |
100% 50-99% 10-49%1-9% 0% (NAP) NA |
Sound Video |
Yes No |
64.12 In criminal matters, do video surveillance recordings can be shown and used as pieces of evidence during the hearing?
Technical possibility to broadcast video recordings at a hearing Yes No NA
Legal framework to use video recording as pieces of evidence Yes No NA
64.13 Other devices of electronic communication between courts, professionals and/or users
Comments - questions 64.1 to 64.13
65. Other aspects related to information technologies
Organisation of the information system governance used by courts
65.1 Is a single structure in charge of the strategic governance(*) of the judicial system modernisation (using among others IT)
Yes
If yes, does it consist of:
administrative, technical and scientific staff only
mixed teams composed of judicial staff (judges/prosecutors/court clerks) and administrative/technical/scientific staff
Other (please specify in comment)
No
Comments (please specify, in case of a negative answer, if there are other modernisation approaches that have been implemented)
65.2 Which is the model primarily chosen for conducting structuring IT projects in courts and the later management of applications created (maintenance, evolution)?
Management mainly provided by an IT department with the help of professionals in the field (judges, prosecutors, court clerks, etc.)
Management mainly provided by professionals in the field (judges, prosecutors, court clerks, etc.) with the help of an internal IT department or a service provider
Other alternatives (service provider only – specify in comment)
NA
Comments (including other alternatives)
65.3 Is there a device of detection and promotions for innovations regarding IT coming from personal and/or local initiatives?
Yes
No
Comments (please, specify projects that have experienced national developments)
65.4 Have you measured or have made measured actual benefits resulting from one or several components of your information system?
Yes
No
Comments (please, specify for example if stock decreases, timeframe reductions, etc. have been observed directly linked with one of the components of the information system)
Security of courts information system
65.5 Is there a global security policy regarding the information system of the judicial system based on independent audits or other?
Yes
No
Comments (please specify in particular if national frameworks of information security exist)
Protection of personal data
65.6 Does a law guarantee the protection of personal data managed by courts?
Yes
No
If yes, please specify among others:
- if there are authorities specifically responsible for protection of personal data
- the extent of rights granted to citizens in the specific framework of software used by courts
- if there are controls or limitations by law regarding the sharing of databases managed by courts with other administrations (police, etc.)
Comments - questions 65.1 to 65.6