The Circulation of Agency in E-Justice: Interoperability and by Giovan Francesco Lanzara (auth.), Francesco Contini, Giovan

By Giovan Francesco Lanzara (auth.), Francesco Contini, Giovan Francesco Lanzara (eds.)

This ebook contributes to an figuring out of the dynamic complexities excited about the layout of e-justice functions that allow on-line trans-border judicial complaints in Europe. It offers solutions to serious questions with functional relevance: How may still on-line trans-border judicial court cases be designed which will bring potent and well timed justice to ecu voters, companies and public companies? How can the move of judicial organisation throughout Europe be facilitated? according to wide study, the ebook explores and assesses the advanced entanglements among legislations and expertise, and among nationwide and eu jurisdictions that emerge while constructing even fairly uncomplicated e-services akin to these assisting the eu small claims method and ecu money orders. as well as delivering a powerful theoretical framework and an cutting edge method of e-justice layout, this booklet contains case experiences which are in keeping with a typical technique and theoretical framework. It offers unique empirical fabric at the improvement of e-government structures within the region of ecu justice. eventually, it introduces the layout concepts of utmost possible Simplicity and greatest possible Complexity and, in line with them, it proposes architectural and procedural ideas to reinforce the move of judicial agency.​

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Complexity is the most serious hindrance to the circulation of legal agency and the design of pan-European judicial e-services. Therefore, critical challenges to building interoperability and fostering the circulation of legal agency are the reduction and control of complexity and then the balanced allocation of complexity to the different (human and nonhuman) components of the infrastructure. Let’s articulate the sources of complexity in more detail. (a). First of all, complexity is produced by the systemic interactions between different functional domains.

Therefore, EPO, ESCP and the ICT systems that must enable and support them have to be designed with a focus on the potential users who may have problems in accessing cross-border proceedings through the conventional national remedies. The practical test of the EPO and ESCP shows that the circulation of legal agency throughout the EU, that is, the possibility for a user to obtain justice and for a system to deliver it in practice, depends on system interoperability across national borders, media and functional domains.

In other words, how much real-life variety should be kept and embodied in the online procedure before it risks overwhelming the user’s competence or the ICT’s functional capabilities, and consequently jeopardising the system’s overall ability to support the circulation of agency? How much legal and organisational complexity can be ‘safely’ retained and embodied in the procedure without it turning into a hindrance for the circulation of agency? In principle, the requirement of embodying a certain degree of complexity in the online procedure to better serve a wider range of potential demands (present or future) is sound.

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