Interoperability solutions under Digital Single Market: European e-Justice rethought under e-Governance paradigm
Abstract
The EU is in a post-crisis period and is trying to improve its economic performance. Digital Single Market (DSM) is a European policy to create digital solutions to promote the Union’s competitiveness in a globalised world. With regard to DSM strategy, e-Government and e-Justice are two closely connected areas. Since the EU is implementing administrative interoperability solutions, this can be used as a reference point for the path electronic justice is taking. European e-Justice must follow e-Government methods (based on interoperability solutions) so that effective judicial protection can be enhanced. Both concepts were aimed so Internal Market and protection of fundamental freedoms could be closely promoted. However, these can only be achieved when individuals and companies, facing litigation, have the proper means to be able to take part in proceedings, without extraordinary expenses or procedural insecurity. The European e-Justice Portal is the critical avenue to accomplish those goals but its impact on litigation on a day-to-day basis (before the CJEU and national courts) must be re-thought so digital solutions can efficiently bring people closer to justice. This paper offers a new perspective on administrative interoperability in order to understand if judicial interoperability is the way to deepen e-Justice goals.
Published
Issue
Section
License
EJLT is an open access journal, aiming to disseminate academic work and perspectives as widely as possible to the benefit of the author and the author’s readers. It is the assumption of the EJLT that authors who publish in the journal wish their work to be available as freely and as widely as possible through the open access publishing channel.
Authors who publish with EJLT will retain copyright and moral rights in the underlying work but will grant all users the rights to copy, store and print for non-commercial use copies of their work. Commercial mirroring may also be carried out with the consent of the journal. The work must remain as published – without redaction or editing – and must clearly state the identity of the author and the originating EJLT url of the article. Any commercial use of the author’s work - apart from mirroring - requires the permission of the author and any aspects of the article which are the property of EJLT (e.g. typographical format) requires permission from EJLT.
Authors can sometimes become no longer contactable (through, for example, death or retirement). If this occurs, any rights in the work will pass to the European Journal of Law and Technology which will continue to make the work available in as wide a manner as possible to achieve the aims of open access and ensuring that an author's work continues to be available. An author - or their estate - can recover these rights from EJLT by providing contact information.
The European Journal of Law and Technology holds rights in format, publication and dissemination.
EJLT, as a non-commercial organisation - which receives donations to allow it to continue publishing – must retain information on reader access to journal articles. This means that we will not give permission to mirror the journal unless we can be provided with full details as to reader access to each and every journal article. We prefer and encourage deep linking rather than mirroring. Encouragement is thus given for all users – commercial and non-commercial – to provide indexes and links to articles in the EJLT where the index or link points to the location of the article on the EJLT server, rather than to stored copies on other servers.
Please contact the European Journal of Law and Technology if you are in any doubt as to what this statement of use covers.