Digitalizarea procedurii civile, între modernizare și garanțiile procesuale
Digitalization of civil procedure, between modernization and procedural guarantees

Summary/Abstract: The article examines the digitalization of civil procedure as a process of modernization of justice, analyzing its impact on procedural efficiency and on the fundamental guarantees of the civil process. Starting from the dematerialization of procedural documents, electronic communication and the use of the electronic file, the study highlights the advantages of digitization in terms of reducing the duration of trials, optimizing judicial resources and facilitating access to justice. At the same time, significant risks generated by this process are identified, such as the emergence of excessive digital formalism, inequalities between parties determined by unequal access to technology and possible harms to the independence of the judge through management and evaluation mechanisms based on quantitative indicators. The analysis is carried out in relation to the right to a fair trial, with a focus on adversarial proceedings, equality of arms, publicity of the court hearing and reasonable term. The conclusion of the analysis is that the digitalisation of civil procedure can only constitute real progress in the act of justice if it is designed as a rights-based process, accompanied by adequate procedural safeguards and mechanisms to prevent digital exclusion and ensure respect for the principles of the rule of law.

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