Impact of the COVID-19 pandemic on justice systems : : reconstruction or erosion of justice systems - case study and suggested solution /

Impact of the COVID-19 pandemic on justice systems : : reconstruction or erosion of justice systems - case study and suggested solution / / edited by Katarzyna Gajda-Roszczynialska.

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Bibliographic Details
TeilnehmendeR:
Gajda-Roszczynialska, Katarzyna,
Place / Publishing House:Göttingen, Germany : : V&R Unipress,, [2023]
©2023
Year of Publication:2023
Edition:1st ed.
Language:English
Physical Description:1 online resource (465 pages)
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Table of Contents:
  • Intro
  • Title Page
  • Copyright
  • Table of Contents
  • Body
  • Introduction
  • Part I: The administration of justice in national and supranational courts in the era of the Covid-19 pandemic and post pandemic era
  • José Igreja Matos: The Covid-19 Pandemic and the independence of judges
  • 1. Introduction
  • 2. Judicial Independence
  • 3. Covid-19 and the Rule of Law
  • 4. Covid-19 and justice system
  • 5. Conclusions
  • References
  • Duro Sessa: The Covid-19 pandemic and the rule of law - the lesson to be learned
  • 1. Introduction
  • 2. Rule of law- what is it?
  • 3. Rule of law and pandemic
  • 3.1 Right to a fair trial
  • 3.2 On the right to access court and remote trial (civil procedure)
  • 4. What to do? (instead of conclusion)
  • References
  • Krystian Markiewicz: The role of courts in enforcing the right to fair trial in post-pandemic reality
  • 1. Introductory remarks
  • 2. The right of recourse to court in pandemic times
  • 3. Law and order, as well as right of recourse to court, are basic rights whose substance cannot be changed
  • 4. Admissibility of limitations
  • a) General remarks
  • b) Limitation of the right of recourse to court and other fundamental rights
  • c) Temporariness of restrictions and way of introducing changes
  • 5. Role of courts and judges versus pandemic
  • 6. Concluding remarks
  • References
  • Piotr Hofmański: The Covid-19 pandemic and the realities of the International Criminal Court
  • 1. Introduction
  • 2. The International Criminal Court
  • 3. Modification of the procedure before the International Criminal Court
  • 4. Conclusions
  • Michał Balcerzak: The Covid-19 Pandemic and Proceedings Before the European Court of Human Rights
  • 1. Introduction
  • 2. Exceptional measures adopted by the Court in March and April 2020
  • 3. Priority cases and requests for interim measures under Rule 39 of the Rules of Court.
  • 4. Temporary suspension of time-limits in the proceedings before the ECtHR
  • 5. Implications of Article 15 of the Convention (derogation in times of emergency)
  • 6. Some emerging issues relating to the Covid-19 pandemic in the case-law of the Court
  • 7. Conclusions
  • References
  • Marcin Dziurda / Paweł Grzegorczyk: The influence of Covid-19 pandemic on the polish civil proceedings from the perspective of the Supreme Court
  • 1. Introduction
  • 2. Collegiality of adjudication
  • 3. Types of court sessions
  • 4. Organization and course of a remote hearing
  • 5. Access to court files
  • 6. Final remarks
  • References
  • Urszula Żółtak / Bogdan Jędrys: Common courts and pandemic Covid-19 - the lesson that should be learned from practice
  • 1. Introduction
  • 2. Legislative changes
  • 3. Principles and rules
  • 4. The principle of the open proceedings
  • 5. Written versus orality
  • 6. Courts compositions
  • 7. Service of judicial documents
  • 8. New instruments
  • 9. Limitation periods
  • 10. Alternative dispute resolution
  • 11. Bankruptcy and restricting proceedings
  • 12. Enforcement proceedings
  • 13. Conclusions
  • References
  • Grzegorz Borkowski: Performance evaluation of judges after Covid-19 pandemic
  • 1. Introduction
  • 2. The standards and purpose of performance evaluation
  • 3. Performance Indicators
  • 4. Methodology
  • 5. Who and how evaluates judges
  • 6. The Covid-19 pandemic vs. the evaluation of judges
  • 7. Concluding remarks
  • References
  • Part II: Impact of the Covid-19 pandemic on the civil proceedings
  • Katarzyna Gajda-Roszczynialska: Reconstruction or erosion of justice systems as a result of Covid-19 pandemic - conclusions for the legal systems
  • 1. Introduction
  • 2. Administration of justice systems: what should it be like?
  • 3. A change of the model of justice administration in times of Covid-19 pandemic.
  • 3.1. A clash of permissible standards of changes in procedural provisions and court law and real reconstruction of justice administration during Covid-19, taking Poland as an example.
  • 3.2. Changes in the Polish court law
  • 3.3. Changes in the Polish procedural law
  • 3.4. Special regulations with respect to functioning of courts and court buildings during pandemic
  • 4. Concluding remarks
  • References
  • Anna Nylund: Comparative insight on courts and court proceedings during the pandemic
  • 1. Introduction
  • 2. The right to access to court during the pandemic
  • 2.1. Access to court as a constitutional and human right
  • 2.2. Access to an efficient remedy, the rule of law and courts
  • 2.3 Fair trial rights during the pandemic
  • 2.4 Access to court as a practical problem during the state of emergency
  • 3. Changes to court proceedings during the pandemic
  • 3.1. Oral and written proceedings
  • 3.2. Witnesses and experts testifying remotely
  • 3.3. Changes to procedural rules
  • 4. Open administration of justice
  • 4.1. Internal openness
  • 4.2. Challenge of open hearings during the pandemic
  • 4.3. Openness of courts records
  • 5. Court management and administration of justice
  • 5.1. Health and safety of judges and parties
  • 5.2. Transferring cases between courts and judges
  • 5.3. Performance indicators during the pandemic
  • 6. Dealing with the backlog of cases
  • 6.1. Backlogs
  • 6.2. Insolvency proceedings
  • 7. Concluding remarks
  • References
  • Fernando Gascón Inchausti: The impact of Covid-19 pandemic on Spanish civil justice: remote hearings as a new tool for the effectiveness of the system
  • 1. Introduction
  • 2. A bit of context: The situation of Spanish civil justice before the pandemic
  • 3. Pandemic and shock treatment: remote hearings as an emergency remedy.
  • 3.1. The Spanish Lawmaker prefers hearings to be held in virtual format
  • 3.2. While assuming at the same time their shortcomings
  • 4. The post-pandemic scenario: remote hearings as a regular feature of judicial proceedings?
  • 4.1. The standardisation of remote hearings for the future: reforms in sight
  • 4.2. Remote hearings, orality and immediacy
  • 4.3. Online hearings and the principle of public proceedings
  • 5. Conclusion remarks
  • References
  • Vigita Vėbraitė / Goda Strikaitė-Latuinskaja: Digitalization of justice in Lithuania
  • 1. Introduction
  • 2. Liteko - unified information system of Lithuanian courts
  • 3. Remote court hearings
  • 4. Possibilities of artificial intelligence
  • 5. Conclusions
  • References
  • Iryna Izarova: Digitalization of justice in Ukraine: some remarks on the main goal
  • 1. Introduction
  • 2. E-justice as Part of the E-government of Ukraine?
  • 3. Ukrainian E-Justice: Ideas and the Reality through ten years of Development
  • 3.1 E-court in Ukraine: "Court in Smartphone" or "Smartphone in Court"?
  • 3.1.1. Video Conference Subsystem - EASYCON
  • 3.1.2. Communication With Participants - E-CABINET
  • 3.1.3. E-court
  • 3.2. Enforcement of Judicial Decisions: A Few Steps in Digitalization
  • 3.3. Free Legal Aid Online
  • 4. Wartime Challenges for E-Justice in Ukraine
  • 5. Some Concluding Remarks
  • References
  • Andrzej Olaś: Looking beyond Covid-19 pandemic: does Artificial Intelligence have a role to play in preparing the justice system for the next global pandemic or similar hardship? The European perspective
  • 1. Introduction
  • 2. The notion of AI and its practical applications - outline
  • 3. AI in the European e-Justice Paradigm and the Digital Single Market strategy.
  • 3.1. Building foundations of a European approach to AI: humble beginnings of integrating AI in the e-Justice Paradigm and the Digital Single Market strategy
  • 3.2. Further developments: EC White Paper on AI, the Study on the use of innovative technologies in the justice field and a toolbox of opportunities
  • 3.3. Pending works: AI in judiciary in the EC "AI package", including a Proposal of the Artificial Intelligence Act
  • 4. AI and the judiciary in the works of CEPEJ and CoE
  • 5. Conclusions: is AI a Holy Grail, a wrong trail, or perhaps yet another element in the toolbox for the efficient administration of justice?
  • References
  • C.H. van Rhee: Covid-19 and the Role of Orality and Writing in Civil Litigation
  • 1. Introduction
  • 2. Procedural Innovation in the High and later Middle Ages
  • 3. Modernization of Civil Procedure
  • 4. Modernization and Fundamental Procedural Principles
  • 5. Conclusion
  • References
  • Piotr Rylski: Organisation of the Civil Proceedings in Poland against the Pandemic
  • 1. Introduction
  • 2. Written preparation of the case
  • 3. Preparatory meeting
  • 4. Trial plan
  • 5. Giving judgement without a hearing
  • 6. Informational activity of the court
  • 7. Conclusions
  • References
  • Anna Machnikowska: The principle of open justice during the Covid-19 pandemic - the polish experience
  • 1. Introduction
  • 2. The nature of changes concerning the functioning of the principle of open justice in civil proceedings
  • 3. Case study - limitations on the openness of the proceedings in civil cases
  • 4. Postulates
  • 5. Conclusions
  • References
  • Barbara Cis: Modification of the composition of the court in civil proceedings in the time of the Covid-19 pandemic - an outline of doubts in the context of the principle of the right to a fair trial and the participation of citizens in the administration of justice.
  • 1. General remarks.

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