Processo civile telematico «on line civil trial»

Transcription

1 Processo civile telematico «on line civil trial» Giulio Borsari IT Officer Department of Judicial Organization, Personnel and Services

2 Civil justice in Italy: huge numbers! 140 tribunals 26 Courts of Appeals 1 Supreme Court 465 justice of the peace offices pending cases new cases /year

3 PCT at a glance active An e Government plan Supplies on line services to External users (lawyers, assistants, citizens and enterprises) Internal users (judges and court clerks) Key features Highest levels of security and confidentiality Adoption of technological standards Openness to the market

4 Overall architecture PDF+XML Digital signature attachments Encrypted envelope E Justice domain e filing = PEC e filing Certified e mail system judges clerks Court District data center On line services Access point 2 factor authentication Lawyers (other practitioners) Portal Citizens public/private companies

5 e Filing timeline On a voluntary basis When single courts and bars were ready /6 31/12 30/6 Mandatory by law for injunctions + pleadings in new cases (in all tribunals) Mandatory also in all Courts of Appeal Mandatory for allpleadings (in all tribunals)

6 e Filing numbers From January files e filed from distinct external users files e filed from distinct judges Sentences % Minutes of hearing % Injunction s % Decrees %

7 Communications from Courts /11 18/2 15/12 Introduction of certified mail system (PEC) Mandatory by law to send ONLY electronically (via PEC) Mandatory also in criminal cases Over 1 million every month!. 40 million saved per year

8 Access to registers and files Available in all civil courts More than daily accesses Also via mobile Apps Data and files available real time

9 e Payment of court fees In a nutshell: Ministerial Portal creates a unique ID number for the transaction Site of bank trusts Access Point s or Portal s user e Identification Payment is done with any mean accepted by the bank The bank produces a digitally signed single usage receipt for Court In the last 12 months: payments (total income )

10 Return of Investment In only 1 year Return ~ 40 mln saved 30 mln spent On Investment In the last 10 years 10

11 Key factors Structured data data entry done only once by its producer = time saving in the courts Applications for external users are on the market up to date integrated software = they do it better! No closing time Overcome opening times of courts Lawyers can work from everywhere overcome physical address for service Judges can work from everywhere out of office High level security, reliability and confidentiality no exceptions

12 Obstacles objectives for the next future Organizational impacts due to heterogeneous practices Aging of court clerks (no turn over since years) cultural barriers Normative adaptations to paper based rules interpretation problems Continuous specialized training and assistance needed High availability requested to systems have become mission critical! 30MB e filing dimension limit (due to PEC)

13 Lessons learned Keep it simple: 2006 revision to adopt PDF (complexity for XML, encryption, etc left to vendors) Gradual deployment in courts: mandatory when mature Users need certainty High level disaster recovery and monitoring required: under improvement

14 Thank you for your attention This work is licensed under the Creative Commons Attribution NonCommercial ShareAlike 4.0 International (CC BY NC SA 4.0) nc sa/4.0/