Remarks on access to justice and the digital divide from the aspect of procedural law

The COVID-19 pandemic has proved that the use of electronic means can significantly facilitate effective, physical access to justice and simplify the initiation and conduct of court proceedings; however, the phenomenon of digital divide has entered into centre of attention as well. The current paper aims to give a summary on the concept of digital divide in the context of procedural rights, primarily the right to an efficient access to justice. It will be examined, how digital solutions can be integrated into the conceptual and legislative framework of access to justice so that they can contribute to the enhancement of efficiency, while preventing the marginalization of the most disadvantaged social groups and the “elitization” of justice systems. The analysis is based on synthesis of international standards, jurisprudence, recommendations, and secondary literature. This way the results can provide an impetus for developing new solutions in this area to ensure the efficient access to justice for all even in the context of unprecedented technological, social and economic challenges.

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Publication Details

Journal
Multidiszciplináris Tudományok
Published
2024-12-01
DOI
https://doi.org/10.35925/j.multi.2024.3.6
Primary Topic
Digital Transformation in Law
Type
article
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article

Remarks on access to justice and the digital divide from the aspect of procedural law

Ágnes Váradi
Multidiszciplináris Tudományok
Digital Transformation in Law
article

Remarks on access to justice and the digital divide from the aspect of procedural law

Ágnes Váradi
article en

Abstract

The COVID-19 pandemic has proved that the use of electronic means can significantly facilitate effective, physical access to justice and simplify the initiation and conduct of court proceedings; however, the phenomenon of digital divide has entered into centre of attention as well. The current paper aims to give a summary on the concept of digital divide in the context of procedural rights, primarily the right to an efficient access to justice. It will be examined, how digital solutions can be integrated into the conceptual and legislative framework of access to justice so that they can contribute to the enhancement of efficiency, while preventing the marginalization of the most disadvantaged social groups and the “elitization” of justice systems. The analysis is based on synthesis of international standards, jurisprudence, recommendations, and secondary literature. This way the results can provide an impetus for developing new solutions in this area to ensure the efficient access to justice for all even in the context of unprecedented technological, social and economic challenges.

Multidiszciplináris TudományokVol. 14(3)
Institute for Legal Studies (HU)
Openalex Percentile: Top 58%
Digital Transformation in Law
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Remarks on access to justice and the digital divide from the aspect of procedural law — Ágnes Váradi · Multidiszciplináris Tudományok (2024) | TGRS Research Map | TGRS