Yesterday, as I read in a press release from the Ministry of Justice The Judiciary Committee Congress unanimously adopted the Draft Law Regulating the Use of Information Technologies and Communication in the Administration of Justice.
This Act seeks to regulate the right to the use of information technology is done by citizens and legal professionals in their dealings with the Administration of Justice and also intended to make established the conditions necessary for fully handle all legal proceedings in electronic form
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The objective of this law is to facilitate the process of adapting procedures to Communication technologies for citizens and legal professionals achieve justice more accessible, more transparent, more flexible and shorter processing times. It ultimately aims to achieve justice more efficient and better allocation of resources.
The project aims to lay the groundwork for abandoning the outdated files of paper and time to achieve full electronic processing, transmitting and storing them telematically data in electronic databases that will replace the old court records and current notifications. This will create an electronic judicial seat single access point through which all actions are performed that require citizens and professionals. Also establishes the legal framework necessary to achieve interoperability between different applications using the courts.
What is the content of the law?
are recognized the rights of citizens in their relations with the Administration of Justice, so that they may choose to use information technologies in their relationships, and the Administration should, in these cases, providing them with appropriate means to do so. Citizens may electronically access "regardless personal circumstances, means or knowledge. "
For professionals (lawyers, prosecutors, social graduates and so on.) and the staff of the judicial and prosecutorial offices have a duty to use these new technologies , which will, in the medium term, fully electronic processing of court documents, which will result in more effective and efficient processes.
also regulates the legal framework for electronic judicial administration. It regulates "judicial seat electronics 'which is the channel through which all actions can be performed both by citizens and professionals in the administration of justice. To facilitate this access creates an Access Point General Administration of Justice, which allows access to various sites and subsites. It also regulates electronic signatures to authenticate documents that make up the various court records.
standards are established that make possible the full electronic processing of court proceedings in the court file by mail. Thus, the Act provides details of the written record, electronic communications and notifications. Electronic processing can greatly speed up the procedures, to avoid the application to interests of certain documentation (where this is possible with data transmission or certifications) streamlines the distribution of workloads and allows you to enter management indicators. The new standard also regulates the peculiarities and characteristics of the electronic processing of court files, to present certain characteristics that differentiate it from the paper processing. Finally, some basic features that should have applications and information systems used for the electronic processing, to ensure in all cases the safety and accessibility.
issues are addressed to cooperation and coordination among government with responsibility for Justice and provided with the Scheme Statutory Judicial Interoperability and Security (Ejis), a set of information about criteria and recommendations on security, political security, maintenance and standardization information, formats, etc.
In short, is the lowest common denominator of knowledge that allows different computer systems do not end up being incompatible or dysfunctions generated by using different programs or applications. For the management of Ejis establishing a Technical Committee of the Judicial State Electronics composed of representatives of the Ministry of Justice, CCAA transferred CGPJ and EGF.
After reading this letter from the Ministry to transcribe in summary, I am assailed by a big question: With the massive shortage of manpower and equipment that has the Adminisración of Justice will it be possible to apply this law which I believe I very interesting and necessary?. I fear that in the medium and even long term will not be possible. I will point out some reasons:
Today is launching the new judicial office and things do not roll very well. Progress is slow, complicated and doubts about their effectiveness.
have been set up Common Services Registry and cast who are in charge of the computerized records of all incoming documents, and are proving to be quite ineffective, since many of them there is no allocation of staff to serve them (the budget of the Autonomous Communities does not).
The powers of the Autonomous Communities that make each one, the human and material resources are very different. Computer applications, even when Minerva system prevails, are different and consequently the homogenization going to be very complicated.
The current policy of containment of budget deficit precludes the necessary investment in resources to implement this law. Unlike to increase the media, in many cases are falling.
So, I'm afraid that if there is a strong economic investment in the Ministry of Justice, which is unthinkable today, in the medium term, this law will be worthless. It's a shame.
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