Justice: Transparency and Proximity to Justice within the Current Context of Open Government

Published on: 05/03/2015
Document

This research has been addressed to explore Open Government's processes and principles, but within the justice field (mainly participation, collaboration and transparency), looking for a modern view of Administration of Justice in the Civil Law system, through a broad concept of "Open Justice". Mainly focused in the Common Law and the comparative law, the research analyzed 105 initiatives at international level related the legal field, according to 23 variables. Based in the analysis, it were selected three key cases, where principles of participation, collaboration and transparency were especially significant. The methodology included documental analysis, cyberspace analysis (based in semantic analysis of social networks ), an international survey answered by 117 people, as well as 9 in-depth interviews to experts. Interesting results speak not only about topics as transparency, participation and collaboration within the justice field, but also related to innovation, ICT, openness, accessibility and proximity in the legal field, as well as change management & modernization of the justice. The research finishes with conclusions, future works and some recommendations.

 

Read the full research (in spanish) here: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2568023

Policy Context

The overall objective of this research is aimed at establishing the fit process with the philosophy of Open Government and its principles (mainly participation, collaboration, transparency) within the new concept of administration of justice in the model of Civil Law and its processes, Open a perspective of Justice in Spain and, more specifically, in Catalonia.
Specifically, the work has the following specific objectives:
1) To analyze qualitatively the international art scene, linked to initiatives, processes, success stories and best practices involving direct correspondence with our concept of Justice Open.
2) From the above, selecting three cases to study and draw common criteria to help establish a typology of processes with characteristics associated elements considered within the Open Justice.
3) From the previous typology do, to the extent permitted by the results, bridging proposals applicable to processes within our context, with the potential to be applicable in the field of justice in Spain and, more specifically, Catalonia.
4) To continue the studies conducted in the past in this area and,
particular research promoted by the CEJFE "Impact of information technology and communication in the Administration of Justice:
Modernization and Efficiency "(2005)," The Judicial Office in Catalonia. Real through effective justice for citizens of the century "(2008) and" Impact of the new Law 18/2011 regulating the use of information technology and communication in the administration of justice "(Jiménez CE, 2013 ). Based on these objectives we then address the design of our research.

Description of target users and groups

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Description of the way to implement the initiative

The methodology included documental analysis, cyberspace analysis (based in semantic analysis of social networks ), an international survey answered by 117 people, as well as 9 in-depth interviews to experts.

Technology solution

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Main results, benefits and impacts

Results seek innovation, openness, access and proximity of justice, ICT in the legal field, change management and modernization, as well as transparency, participation and collaboration in the field of justice. It ends with some conclusions and recommendations for future work.

Return on investment

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Track record of sharing

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Lessons learnt

Concerning this section we assume reproduced within this section what we have already been discussing, especially under the headings of results and conclusions. We want nothing more to highlight the current need for the justice in Spain, going on strategic direction suggested in this study. We believe, therefore, a key strategic perspective, so it does not extend too much on the content of this section with numerous activities and actions that come to mind, or recommend a number of specific activities that would lead initiatives to advance offline. We understand it's time to align efforts and therefore we adopt recommendations carried forward in this direction in a manner
sustainable.
 - Creating a Research, Development and Innovation in the courts. Could be explored formulas Triple Helix for this purpose. Such a center could implement pilot programs that once validated, they could be incorporated into the courts.
 - Promotion of state policy white paper and strategic plan to open justice, as well as a roadmap for modernization ("re invention") of justice, with the involvement and commitment of all political forces and powers of State and with the participation of society. The change in this model is a strategic shift that involves putting on the table a new way of thinking and seeing justice, in different dimensions, including principles, structure, education, etc. whereby a state policy would be needed to really get the justice of XXI century citizen deserves.

Scope: International

Categorisation

Type of document
General case study