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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

ANSWERS: CROATIA

Answered by:
Duro Sessa
Justice
Supreme Court of Republic of Croatia
Member of CCJE

1. Access to courts

2. Procedure within courts

With parties who use electronic means themselves:

With other parties:

X by traditional means?

X
by traditional means?

by using electronic communication?

by using electronic communication?

both?

both?

Judges

Court staff

to all court files?

    to all court files?

x☐ only to files within their jurisdiction?

    X☐ only to files within their jurisdiction?

3. Oral hearing

No.

No.

4. Information services for judges

Database run by State

Database run by a private institution

x national legislation

☐ national legislation

x European legislation

☐ European legislation

X national case-law

☐ national case-law

X international case-law

☐ international case-law

☐ law review articles

☐ law review articles

5. Practical court work

6. Internet

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

8. Use of data

9. Data security

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?

Yes. Judges are involved in process of implementing IT technology in the court as consultants because final decision lay within the Ministry if Justice.

11. Conclusion

Please give your opinion on the advantages and disadvantages of the development of IT in courts?

In my personal opinion we should be cautious with use of IT technology in the courts. It can be used for statistical purposes and for tracing the case flow and to replace standards registration procedures.
Of course IT can be of outmost help to gain necessary information about case law, legislation and to share case law among courts.

In real judges work as it can be helpful in same scope it can block role of a judge because expectations form society on the courts and judges where there is wide usage of new technologies can be unrealistic depending only on the fact that judges and courts are using IT.

Of course IT technology usage is welcomed for all standard procedures where there is no need for special creativity from judges or court staff.