Using modern information and communication technology in the field of justice can ensure tangible achievements and significant development that can lead to the effectiveness and efficiency of the public utility of the judiciary. Furthermore, IT is a factor which can improve profitability of all institutional partners involved and, therefore, provide users with good quality services.
Experience has proved that the integration of the digital dimension in the strategy of modernizing the “business justice”, actually provides realistic solutions that commensurate with the requirements of speed, transparency, quality and stability of jurisprudence based on the need to create a leading and strong national economic environment. International organizations in the global economy consider the digital transformation of business justice as a key driver in the dynamics of the business environment, making it an indicator of assessing the capability of “specialized reference courts” to “execute contracts”, as well as their role in reassuring enterprises and encouraging internal and external investment.
However, despite the increasing opportunities offered by the use of modern technology for the development of various areas of justice, including business justice, the complex technical nature of technology and the propensity of actors to maintain prevailing practices and customs, and the fears of predominance of the digital factor on the legal professionals, have made the engagement in digital transformation and its adoption as a strategic structure in the modernization of justice, and the progressing of cautious and fragmented pace.
Therefore, the opening of the scientific debate on the issue of technology use in the field of justice and its relation to investment is of great importance, as it aims to increase reassurance of actors, clarify visions and choices, and highlight the expected benefits, and limit or reduce risks.
Regardless of the complexity of the topic and the novelty of its concepts and terminology and the diversity of mechanisms and techniques and their use in the field of justice, it is possible to address it in three main axes, each is linked to a set of objectives and pursued by justice systems.
The first axis is on the adoption of modern technology as a means to enhance transparency of justice and judicial services and improve access to law and the right to access to information. This objective could be achieved through the establishment of electronic platforms open to the public and enterprises, through publishing laws, procedures, proceedings, judgments and case-laws. Besides, the platform is providing electronic services to the public and the intangible management of litigation procedures for the judicial profession, and thus abolishing the adversary principle, as a traditional concept of litigation. Contrary to the common belief, modern technologies provide guarantees to preserve the integrity of information and data in circulation and to protect them from subsequent changes, unlike documents, records and paper archiving.
The second axis deals with the effectiveness and efficiency of justice. It encompasses everything related to the information systems and information infrastructure that enables the abandonment of paper supports and bypasses the slow and repetitive manual work. The comprehensive automation of internal procedures and proceedings in judicial establishments, and the adoption of the machine as the primary means of accomplishing work, are not only a tool for supporting decision, electronic production, circulation, storage, archiving and protection of information, but a pillar that enables the simplification of procedures and reduction of error margin, and thus help control and reduce court delays. It also gives the judiciary more time to focus on the core issues and ways to improve and enhance work.
The third axis is related to how justice can benefit from the developments of new generations of information technology, and its great potential to address the huge amount of available and stored legal and judicial data. The adoption of business intelligence software and its accurate data, indicators and leadership regulations have become an effective means available to all stakeholders for the suitable management of justice in all its components. Compared with traditional statistics, business intelligence enables the accurate diagnosis and identification of deficiencies or weaknesses in the functioning of justice, and human or material real-time needs. It is possible to undertake prospective studies of the justice transformations that will be demanded in the medium and long term. Along the same lines is the profound transformation promised by the access of artificial intelligence to justice. Computers with special algebraic systems are capable of self-learning and, if employed in the field of justice, they can produce memorandums, decisions and judgments automatically from their analysis of the huge data contained in the database; this is why it is necessary to address all issues related to the potential shifts in professions, values and institutional culture.
Items to discuss :
- The role of justice in the protection of investment.
- The qualification of justice members and its relation to the promotion of business climate.
- Enhancing trust in the national justice is a guarantee for investment and capital attraction.
- Judicial efficiency in business.
- Management of judicial calendar and its impact on investment.
- Specialized justice and development.
- Role of Supreme Courts in achieving judicial security.
- Role of Public Prosecution in protecting the business climate.
- Communal proceedings as an investment protection mechanism.
- International Business Courts and efficiency.
- Role and prospects of alternative dispute resolution instruments in enhancing the business climate.