THE IMPACT OF DIGITAL TRANSFORMATION ON THE ADMINISTRATION OF THE EUROPEAN JUDICIAL SYSTEM: NORMATIVE, INSTITUTIONAL AND ETHICAL CHALLENGES
THE IMPACT OF DIGITAL TRANSFORMATION ON THE ADMINISTRATION OF THE EUROPEAN JUDICIAL SYSTEM: NORMATIVE, INSTITUTIONAL AND ETHICAL CHALLENGES

Author(s): Sebastian Avăcăriței, Mihaela Tofan
Subject(s): Politics / Political Sciences, Social Sciences, Law, Constitution, Jurisprudence
Published by: Editura Universităţii »Alexandru Ioan Cuza« din Iaşi
Keywords: digital justice; judicial governance; algorithmic decision-making;
Summary/Abstract: The present paper engages in a critical and methodological analysis of the effects generated by the digitization process on the organization and administration of the judiciary within the European Union, placing itself in a context where national legal traditions face the imperative of technological modernization. The study rigorously evaluates the concrete implications of the integration of digital tools in the judicial activity, manifested by the implementation of electronic systems for the management of judicial files (e-justice), the algorithmizing of the distribution of cases and the use of artificial intelligence technologies in the decision-making processes of the courts.Starting from a detailed analysis of the relevant European framework – including the European e-Justice strategy and related policy documents – the research identifies the main legal and institutional challenges driven by digital transformation. In particular, it examines the need to ensure independence and impartiality in the context of digitization, the strict protection of personal data and the confidentiality of judicial proceedings, the risks associated with external influence on the management of judicial data, as well as the danger of excessive standardization that could compromise the specificities of national legal systems.The methodology adopted is of a comparative nature and includes case studies of European states recognized for their technological advance, such as Estonia and Germany, alongside a thorough examination of the situation in Romania, in the context of recent judicial reforms. The conclusions undertaken aim to issue precise institutional and legislative recommendations, aimed at optimizing the integration of digital technology in judicial systems, while guaranteeing a harmonious balance between administrative efficiency and the functional autonomy of the judicial authority.

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