DIGITAL EVIDENCE IN CIVIL PROCEEDINGS: BETWEEN REGULATORY UNCERTAINTY AND EMERGING JUDICIAL PRACTICES
DIGITAL EVIDENCE IN CIVIL PROCEEDINGS: BETWEEN REGULATORY UNCERTAINTY AND EMERGING JUDICIAL PRACTICES

Summary/Abstract: In the whirlwind of the digital era's rapid expansion, justice and judicial proceedings have found themselves swept into the vortex of transformation – a cascade of digital elements gradually enveloping their structures. In such an evolutionary current, digital evidence inevitably emerges, inter allia, as a pivotal tool within civil trials, mirroring the structural metamorphoses of both society and technology. The increasing reliance on electronic documents, the rising tide of communications made via digital platforms, the use of electronic signatures, and blockchain-based instruments now paint an unprecedented portrait – at least at this stage – of new modes of presenting and substantiating evidence. Yet, this landscape is not without its shadows, posing a significant normative challenge, particularly in the face of visible legislative gaps. These gaps leave many potential legal scenarios without a dedicated framework capable of accommodating them from an evidentiary standpoint. Given the concrete reality that Romania does not yet benefit from a complete and sufficiently nuanced legal framework in this area, the consequence is a proliferation of divergent interpretations, a fragmented judicial practice, and – perhaps most seriously – risks to the right to a fair trial. This notion itself may need a reimagining: to be augmented with rules specific to the digital and artificial intelligence realms. This study undertakes a structured approach, examining current Romanian legislation in relation to international standards (including the AI Act, GDPR, CEPEJ), while also drawing on the jurisprudence of the ECtHR and CJEU – and, at times, that of non-EU jurisdictions. Following this analysis, we propose several de lege ferenda recommendations, naturally centred on the urgent need for explicit provisions in the Romanian Code of Civil Procedure: including the specific regulation of judicial IT expertise and the admissibility regime for digital evidence, all while safeguarding personal data. Finally, we consider the implications for both lawyers and magistrates, reflecting on the ethical demands of the profession, as well as the ongoing transition toward a “digital justice” system – one that remains anchored in integrity, ethics, and fundamental human rights.

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