On Nova24 of Thursday, March 3, 2010 was published an interesting study by Alessandro Longo on the state of the art computerized process in our country from which emerges, with data and advice (including that of the writer), the failure of the policies carried out here.
Electronic process has been discussed for years in meetings, press conferences, and - even - in regulatory measures (Regulation on Electronic Civil Trial was issued by Presidential Decree n. 123 away February 13, 2001) but, in spite of the bombastic announcements (and significant investment), our justice system-is still firmly tied to the paper.
As often happens in Italy the problem is not to make laws, but enforce them, not to mention the fact that serious lack of mechanisms for monitoring the effectiveness of policies.
Too big, perhaps, the gap between the reality of "organized anarchy" of offices and a fabulous justice objectives dematerialized. With the obvious consequence that, in view of rapidly changing technologies, the standards become obsolete without ever really been applied.
All over the country, therefore, the electronic process is a chimera. Speech is deserved by the Court of Milan, where some time ago have become part of telematic notifications and some cases (in particular those for injunction); as the result of these experiments can be positive in 2010 as a sediment sample and pilot projects can certainly not be enough.
Right now the only thing that really works is the cd PolisWeb ie a system that allows the lawyer to consult, after authentication, the status of proceedings in which it is party before all Courts, Courts of Appeal and the Court of Cassation.
Convenient, yes, but - for now - there is still the electronic file, or you can inform actions and measures by electronic mail (or certified or simple).
Things should change after the enactment of Decree Law no. 193/2009 (which took place with the Law n. 24/2010 ) but, as recent history teaches us, the risk is that, once again, innovation remains on paper.
And anyway, even if they were fully implemented, the rules of 2001 would never allow to fully exploit the technology of 2010. It would be desirable, therefore, reset everything and think of a truly digital process.
Ten years ago the idea of the digital process was probably laughable. Now, if the new reforms will really be operating, all acts will be notified and secured through the use of a browser and e-mail (certified). And then, reforms to the Code of Civil Procedure have already introduced the possibility of using the written testimony , why not make it possible for lawyers and text to appear before the judge in digital mode (such as video conferencing via skype)?
The idea is not entirely absurd and would allow significant cost savings. The lawyers would not need to travel to and from the courts, saving time and money (and this would also save customers) and reducing greenhouse gas emissions. The judges may hold hearings on their offices, with the obvious reduction in administration expenses (personnel, security, billing), the cost savings the system could lead to a reduction of the unified contribution (the fee which the city pays on justice) and, thus, allowing more people access to the judicial system.
I realize that this would lead to a rethinking of the entire business case (and lawyers) and would pose some problems. One should, for example, still think of tools to ensure the publicity of hearings (eg creating real and virtual rooms where interested parties can choose to attend the hearing they want), not to mention the fact that, for a lawyer, speak in front of a webcam is not the same as to speak in a classroom where there are magistrate, and public counterparts. The benefits that would arise are obvious and it is therefore worthwhile to address the problems, I think it's time to start changing.
What do you say I ask too much? The flying cars will arrive before the digital process?
