Consultative Council of European Judges (CCJE)

Facebook  Twitter  LinkedIn  Slideshare

At a glance
Home
About the CCJE
A word from the President
Secretariat
Activities
  MEETINGS
Calendar
Meeting reports
  EVENTS
10th anniversary of the CCJE
Conferences
  COOPERATION
Status and situation of judges in member States
Cooperation with other bodies
Documentation
ECHR Judgments
Reference documents
Press releases
  OPINIONS
CCJE Opinions and Magna Carta
Preliminary works
For a proper use of CCJE Opinions...
  SEARCH
Simple search
Advanced search
partners
Restricted access to the collaborative workspace
Coe Bodies, international organisations and research centers


Strasbourg, 27 January 2011

CCJE-GT(2011)1

CONSULTATIVE COUNCIL OF EUROPEAN JUDGES
(CCJE)

Questionnaire with a view of the preparation of Opinion No. 14 on the non-materialisation of the judicial process and the use of IT by judges and court staff

AZERBA¤JAN

Questionnaire with a view of the preparation of Opinion No. 14 on the non-materialisation of the judicial process and the use of IT by judges/court staff

1. Access to courts

    a) May legal proceedings be instigated by electronic means? No.

    b) Is there relevant legislation? No.

    c) What are the main requirements for instigating legal proceedings by electronic means? (multiple choice possible)

        The parties must submit the claim with a qualified electronic signature
        The parties must fill in a downloadable form to be submitted electronically

      Other, please specify. Parties must send electronically signed documents by e-mail.

    d) To what extent are legal proceedings instigated by electronic means in practice? We are started implementing DMS and CMS

2. Procedure within courts

    a) Once a claim has been issued electronically, does the procedure differ from a traditional procedure? May be similar.

    b) Does the electronic procedure differ according to the type of case (civil, criminal, administrative, etc.)? Yes

    c) How does the court communicate with the parties:

With parties who use electronic means themselves:

With other parties:

by traditional means?

by traditional means?

by using electronic communication?

by using electronic communication?

both?

both?

    d) Do specific electronic means exist for the communication between lawyers and courts? Please specify. No.

    e) Do electronic files exist? Yes
    - If an electronic file exist, is there a paper file as well? Yes
    - If both exist, which is the “authentic” file? Paper.

    f) If yes, is there relevant legislation? Yes

    g) What are the main requirements with respect to electronic files? Files will have electronic signature and standard form.

    h) Are there special regulations and safeguards with respect to electronic files containing particularly sensitive information (e.g. health information, information concerning secret services)? Not yet for today.

    i) What happens when the authenticity of an electronic document is doubtful/controversial among the parties?

    j) If parties wish to submit documents which are not in an electronic form (e.g. documents on paper), what procedure will the parties and the courts follow? Documents will be accepted by courts and transferring to electronic format.

    k) Must paper documents be kept? If yes, how long? Yes. Depending on regulations.

    l) What is the procedure when a judge’s or court clerk’s hand signature is prescribed? DHand signature must be approved by stampl.

      Does digital signature exist? No.

    m) Do parties have access to the complete court file:
    Yes, always
    Yes, but only with specific conditions
    No
    Please indicate, if appropriate, the relevant legislation.

    n) Do the parties or their lawyers have the possiblity to follow the state of the proceedings via internet (secured)? No.

    o) Is the access to electronic files within the court regulated? Please specify. By login and password within his jurisdiction.

    p) Have judges/court staff access:

Judges

Court staff

to all court files?

    to all court files?

only to files within their jurisdiction?

    only to files within their jurisdiction?

3. Oral hearing

    a) Are there oral hearings based on electronic means (e.g. judges act based on electronic files accessible in computer)? Yes.

    b) Are the expertise, the draft decision written by the rapporteur and personal notes accessible for judges in computer? Yes.

    c) Is the complete file accessible for the parties or their lawyers during the hearing (also in computer)? No.

    d) Has technical equipment been installed in courts enabling to project documents on screens visible to judges, parties and audience? No.

    e) Are oral hearings audio or video recorded? Yes.

    f) Is video conference in public hearing used:

          for the hearing of witnesses?
          for the hearing of experts?
          for the hearing of parties?
          other? Please specify.

    Please indicate the relevant legislation as well as the restrictions, if appropriate.

    g) If possible, please detail how many courts have been equipped with an adequate and sufficient electronic equipment to assist judges, court clerks and parties during oral hearings? While only Supreme Court has. In nearest future all other courts will have to.

     

    100% of courts

    +50% of courts

    -50% of courts

    -10% of courts

    Electronic files access

    Electronic data base of jurisprudence

    Screen projectors

    Internet access

    Video conferencing

    Audio conferencing

    Video recording

    Audio recording

4. Information services for judges

    Are there central databases accessible for judges containing:

Database run by State

Database run by a private institution

☐ national legislation

national legislation

☐ European legislation

☐ European legislation

☐ national case-law

national case-law

☐ international case-law

☐ international case-law

☐ law review articles

law review articles

    Please specify the private institution.

5. Practical court work

    a) What is the work of the judge:
    - in writing the documents? Yes.
    - in delivering the documents? Yes.
    - in registering the documents?

    b) What is the work of the court staff:
    - in writing the documents? Yes.
    - in delivering the documents? Yes.
    - in registering the documents? Yes.

    c) Is there enough staff to do this work? Please specify. Yes.

    d) Do judges write their decisions themselves on their computer? Yes.

    e) Do judges use specific technics (e.g. voice recognition, structure or model of decision available in a database)? Please specify. No.

    f) Is modern technology used to monitor the length of proceedings and for case flow management within the court (eg. alert system)? Yes. Only in Supreme Court.

    g) Are data concerning the work of each judge contained in a database which can be used for statistics, evaluations, etc. ? Please specify Yes. For statistics, for search

6. Internet

    a) Is internet accessible for each judge in his/her office? Is this access limited ? Please specify. Yes. Unlimited access.

    b) Do all courts have their own website? Please specify which court and the content of the website. No.

7. Use of private personal computers/laptops by judges and court staff

    a) May a judge use his private PC/laptop for professional purposes (e.g. at home or on the way home and back?) Yes.

    b) May e-mails be send from the court to a judge’s private e-mail address and vice versa containing professional information ? Yes.

    c) Does this require special technical safeguards (e.g. excluding access by third persons, family members, etc. )? Please specify. No.

    d) Is the situation the same for all court staff? Yes.

8. Use of data

    e) Is the data contained in the procedure used for another aim than the procedure itself? Yes.

    f) Is this data used for statistics? Yes.

    g) If yes:
    - who produces these statistics? Department of generalization of judicial practice and statistics.
    - how and by whom are these statistics used? Chairman, head of departments, other government bodies. For control and other aims. On paper or electronic format.

9. Data security

    a) Does legislation exist to protect personal data processed through the electronic infrastructure of a court?

    Yes
    ☐ No

    b) If yes, are there requirements applicable to processing data in courts?

        rules on access to data by the person concerned or other persons/institutions

    correction and deletion requirements
    ☐ other. Please specify.

    c) If there is a general Data Protection Commissioner, has he or she already dealt with IT at the judiciary? No.

    d) Is there a special Data Protection Commissioner in each court (e.g. a judge with this additional task)? No.

10. Participation of judges

Who decides about the electronic infrastructure of a court? Are judges implicated in the relevant decisions concerning the implementation of IT in courts? Administration of courts, Ministry of justice. Yes judges implicated.

11. Conclusion

Please give your opinion on the advantages and disadvantages of the development of IT in courts?
Advantages of the development of İT in courts:
Accelerate the process of consideration of the cases in courts;
Simplify the work of judges and court employees;
Simplify the filing to the court by citizens;
Will enable to the parties operate and simply maner to obtain full information regarding the current status of the case;
Strengthen control over court proceedings;
Increase citizens' confidence to the courts;
Ets.