RATING THE LEGAL SYSTEM: A STEP CLOSER TO THE FUTURE?
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2019, Vol 11, Issue 13
Abstract
Today we have almost everything at the tip of our fingers, or to be more precise, just one click away. Whether calling a cab, ordering food, making a reservation or booking a flight, you just have to log onto an online platform, and you are settled. The great thing is that, after the service is provided, you can - and are encouraged - to leave a comment speaking you mind, praising or complaining, with valid arguments. Imagine a “platform” where you can not only leave a review of a restaurant, but a “platform” where you can even “rate” the quality of the judicial proceedings by some given criteria’s involving the court (waiting room, courtroom’s space, public timetable), the court’s clerks (manners, efficiency) or, why not, the judges (law knowledge, duration of the process, commitment and celerity). Would this be an infringement to the judge’s independency, or would it bring a benefit to the judicial system by making the judges more aware of how their court decisions affect the people involved in their rulings? This study is intended to create awareness on the modern changes that can be seen as challenges associated with the benefits or downsides of using the online platforms in the judicial system. The objective is to provide some practical and deontological recommendation which the Superior Council of Magistracy and the National Association of Bars might consider to include (if relevant to the circumstances of their respective jurisdiction) in guidance to their members. Besides highlighting some deontological considerations, this study also explains the challenges that are of a more technical nature, including those related to maintaining the independency of the judge, the security of personal information and those related to specific ways that a “rate” given can be categorised as being accurate or being given in bad faith.
Authors and Affiliations
Livia DIANU-BUJA, Cristian Paul LOSPA
Keywords
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