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The Guide's purpose is to assist EBRD countries of operation (CoOs) and other jurisdictions in getting ready for setting up online courts. The Guide was developed based on the research and results of the Assessment.

Guide

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What does the guide recommend for policy?

  • Have a strategy for public e-service with an integrated e-justice strategy and key performance indicators (KPIs)
  • Have a platform for monitoring the strategy and having user input

Learn from Portugal how to engage with users - see page 7 of the Guide above.

What legislation should be put in place?

  • Create a framework for e-signature, recognise it as official signing, implement the software and other infrastructure for simple set up and use; consider ways for usage by foreign users;
  • Allow parties to file all documents of a case online, pay any fees and follow the case online
  • Create a system for online service of court documents on the other party
  • Put in place flexible legislation for online hearings in line with the technology pace
  • Enact legislation for electronic enforceable titles, interoperable, secure and with options for cross-border enforceability    

Digital identity, e-service and e-filling innovations from Estonia and Azerbaijan - see pages 9 & 10 of the Guide above.

Best standards and practice from the EU, Ireland and the UK - see page 11 of the Guide above.

Which court processes to improve?

  • Identify ways to have specialised commercial law knowledge and practice in courts
  • Promote and find uses for alternative dispute resolution to give more options to the parties and unburden the courts; integrate them into online courts
  • Review, simplify and promote use of uncontested claims procedures
  • Review, simplify and promote use of small claims procedure  

Learn about examples of effective online courts in the UK, Denmark and Poland - see page 17 of the Guide above.

Promote mediation as in Serbia and Turkiye - see page 15 of the Guide above.

What IT infrastructure is essential?

  • Build internet networks and facilitate access to internet
  • Have an integrated, user friendly case management system in courts
  • Develop an accessible public interface for courts  

Get inspired from EU's initiative to promote access to Internet; and from CSM in Bulgaria and Croatia - see page 20 of the Guide above.

How to popularise use of online courts?

  • Find ways to get user feedback on as many aspects as possible
  • Make online use mandatory for professional users
  • Advertise and teach the use of e-justice processes and tools
  • Develop easy to follow guidance to apply to court 
  • Create tools for transparency and easy communication with the courts

Learn about user surveys in Kazakhstan and Mongolia; mandatory online court use in Austria; and guidance for self-representation in Serbia - see page 20 of the Guide above.