New Technologies in International Law / Tymofeyeva, Crhák et al.

resources allocated, but also methods of evaluating court performance, and the use of ICT as a lever for improvement rather than as an end in itself. Moreover, the level of DT/ICT of the courts may appear (quite logically) to depend on the Percentage of ICT in the courts‘ budget. However, it may be observed that it is not necessarily the States with the highest Budget or financial resources which invest most in this area. Luxembourg, for example, allocates only 1,8€ per inhabitant to computerisation, which ultimately represents only 1,3 % of the budget of the courts, and doesn‘t have the highest levels of efficiency & accessibility. ICT may positively affect the efficiency of judicial systems & accessibility in a direct way. It could also indirectly, and through some other factors (like budget, judges, disposition time, training, … and others), has a positive effect on the efficiency of judicial systems. However, ICT could also have a negative side, for example: – The limited access and familiarity with technology also prevented certain sections of the population from participating, for example; rural, disability, marginalized, refugees, and others. – Virtual hearings lack the empathetic environments that face-to-face hearings can create. – Questions of identity theft & cyber crimes may arise. – Disruptions due to poor internet connection and lack of necessary equipment also occur frequently and others. Policy Recommendations Digital transformation (DT/ICT) implies, in the courts, change management and user support approach. It is a new way of working, both individually (because it involves learning to work on digital files and documentation, powerful but new tools) and collectively (it is necessary to organise, structure and supervise the changes that occurred). Its success, therefore, presupposes a major investment in terms of training and management, initial and continuous, to enable magistrates and all concerned parties the appropriate use of the new tools and to promote the harmonization between the justice actors and users in all jurisdictions. There must be a link between the work of the statistics unit that records court statistics and the tools for digital transformation, so that those data produced by the statistics unit are well studied and used in a way that achieves the efficiency of the judicial system and avoids weaknesses and shortcomings. Moreover, DT/ICT process must promote access to justice, paying particular attention to audiences far from digital. In addition, attention to the most vulnerable litigants. It also requires the establishment of a support chain capable of providing continuous and effective assistance, including in emergencies. Accordingly, persons with disabilities must be able to effectively participate, directly or indirectly, in all legal proceedings, including at the investigative and other preliminary stages, and in all possible roles, for example as a claimant, defendant, witness, qualified expert, juror, judge or lawyer. ex: First case before the Equality Court

48