How “back- end” choices influence “front-end” practices and challenges: a comparative analysis of commercial courts in France and Belgium

Digital technologies and algorithmic tools have been presented as ways to improve judicial issues i.e., address delays, increase legal security, and make justice cheaper and accessible for all . This is even more important in the case of commercial courts as the European Commission specifies that efficient judicial systems are essential for the functioning of the internal market and a prerequisite for economic growth . Driven by these European recommendations , France and Belgium have initiated various policies to digitalize justice and, among others, commercial courts. Although they both aim... Mehr ...

Verfasser: Pelssers, Lisa
Dokumenttyp: lecture
Erscheinungsdatum: 2023
Schlagwörter: commercial courts / digitalisation / professional groups / Law / criminology & political science / Droit / criminologie & sciences politiques
Sprache: Englisch
Permalink: https://search.fid-benelux.de/Record/base-29366719
Datenquelle: BASE; Originalkatalog
Powered By: BASE
Link(s) : https://orbi.uliege.be/handle/2268/318678

Digital technologies and algorithmic tools have been presented as ways to improve judicial issues i.e., address delays, increase legal security, and make justice cheaper and accessible for all . This is even more important in the case of commercial courts as the European Commission specifies that efficient judicial systems are essential for the functioning of the internal market and a prerequisite for economic growth . Driven by these European recommendations , France and Belgium have initiated various policies to digitalize justice and, among others, commercial courts. Although they both aim to make justice more accessible, faster, more efficient and more transparent, these digitalization plans vary in terms of the technologies used (open-source solutions or proprietary software) and the actors involved (private or public). Hence, while both Belgian and French commercial courts have to juggle with a multiplicity of tools , these were developed at different times, by different service providers and with different computer languages and scripts . How do these different technical, organizational and political choices (1) influence the level of integration of these tools within organizational processes and structures; (2) how do they impact courts’ practices ; (3) and what consequences do they have for the State of Law ? This study of design, development, and implementation of the French and Belgian digital tools used in commercial courts draw on a qualitative methodology. In addition to grey and scientific literature reviews on legal technologies in the judicial system, our study builds on previous work carried out in Belgium between 2021 and 2022 and extends it with a case study (on-site observations and semi-structured interviews with concerned actors) that is currently being conducted in a French commercial court. The collected material will help grasping the genesis of these tools, their local implementation, and their daily uses. Comparing local and reciprocal adaptations between these digital devices, the ...