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The number of cases is measured through a broad range of quantitative variables used in various studies and policy papers as key indicators of the volume of activity of national courts. Additionally, these variables, together with other data (e.g. time needed to resolve a case, number of judges, etc.) are part of a broader discourse on the efficiency of justice systems. However, such discourse can be problematic when data is not actually comparable. To raise the attention on this very relevant but poorly explored topic, this paper analyses the comparability of the caseload data by focusing on apparently simple categories like civil and commercial litigious or non-litigious cases and administrative cases. The EU Justice Scoreboard and CEPEJ data and national case definitions in France, Italy, and Romania are used to assess the most relevant justice EU datasets. The findings point towards significant differences between analysed systems that suggest extreme caution should be exercised when using such data for scholarly, legislative or policy discourses.
Alina Onţanu; Marco Velicogna. The challenge of comparing EU Member States judicial data. Oñati Socio-Legal Series 2021, 11, 1 .
AMA StyleAlina Onţanu, Marco Velicogna. The challenge of comparing EU Member States judicial data. Oñati Socio-Legal Series. 2021; 11 (2):1.
Chicago/Turabian StyleAlina Onţanu; Marco Velicogna. 2021. "The challenge of comparing EU Member States judicial data." Oñati Socio-Legal Series 11, no. 2: 1.
The case of the Digital Service Infrastructure, developed by the European Union and its Member States to enable the deployment of trans-European digital judicial services, provides the occasion to investigate from a theoretical and empirical perspective the complex features that pertain the creation of the infrastructures that enable the rise of smart cities. The case explores the heterogeneous nature and emergent, non-linear evolution of large-scale information infrastructures. It helps develop a better understanding of the infrastructural components and dynamics that allow to integrate fast evolving technology into everyday people living environment providing new and smart services and to foster public value creation in Smart Cities. Finally, it exposes the relevance of legal components, helping reflecting on their role in addition to that of the technological, human and governance ones already identified by the smart cities literature.
Marco Velicogna. Building Information Infrastructures for Smart Cities: The e-CODEX Infrastructure and API for Justice Project Experiences. Public Administration and Information Technology 2019, 197 -222.
AMA StyleMarco Velicogna. Building Information Infrastructures for Smart Cities: The e-CODEX Infrastructure and API for Justice Project Experiences. Public Administration and Information Technology. 2019; ():197-222.
Chicago/Turabian StyleMarco Velicogna. 2019. "Building Information Infrastructures for Smart Cities: The e-CODEX Infrastructure and API for Justice Project Experiences." Public Administration and Information Technology , no. : 197-222.
This article explores the concept of open justice in the context of European Union (EU) cross-border litigation and focusing on the e-justice dimension. It does it looking both at the open justice principle coming from the legal tradition and at the new ideas coming from the open government discourse. More in detail, the article investigates the attempt to create an open area of justice in Europe through the development and implementation of an European Justice Digital Service Infrastructure and the opening of such infrastructure to users and service providers. It is a development and implementation effort, which builds on the EU’s multilevel legal frameworks, which uses available technological innovations, which responds to the economic needs and challenges of an EU without internal borders, and which result should be capable of being embedded in the existing cultural communities. EU Member States (MSs) have developed such infrastructure and tested it successfully. Currently, EU institutions are faced with the serious and unavoidable challenge to open up such infrastructure and to ensure its use. In a dynamic environment in which EU and MSs laws, technologies, economies, and cultures coevolve, this is not an easy task.
Marco Velicogna; Ernst Steigenga; Sandra Taal; Aernout Schmidt. Connecting EU Jurisdictions: Exploring How to Open Justice Across Member States Through ICT. Social Science Computer Review 2018, 38, 274 -294.
AMA StyleMarco Velicogna, Ernst Steigenga, Sandra Taal, Aernout Schmidt. Connecting EU Jurisdictions: Exploring How to Open Justice Across Member States Through ICT. Social Science Computer Review. 2018; 38 (3):274-294.
Chicago/Turabian StyleMarco Velicogna; Ernst Steigenga; Sandra Taal; Aernout Schmidt. 2018. "Connecting EU Jurisdictions: Exploring How to Open Justice Across Member States Through ICT." Social Science Computer Review 38, no. 3: 274-294.
At the EU level, an increasing number of resources are being invested in an attempt to provide better public services through the use of Information and Communication Technology (ICT). While new tools are being designed and implemented, a shift from ‘traditional’ technologies that must be used to provide services to more interactive ‘smart’ technologies is beginning to take place. At the same time, an adequate understanding of the implications of this shift is still missing. This paper focuses on the EU e-Justice experience with the ‘API-for-Justice’ project, which investigates the challenges of opening up the European e-Justice Digital Service Infrastructure to external service providers by means of Application Programming Interfaces (APIs). In particular, the exploration of potential services that can be provided by third parties through APIs for Justice shows the potential for a radical redesign of the justice service provision, where, for example, justice services are not requested by the party but are proposed or initiated by smart components of the infrastructure on the basis of inputs from the environment. In this perspective, smart technology research and, in particular, Brenner (2007)’s discussion on law and smart technology help to uncover the still unclear dynamics of change that characterize one of the key pillars of modern society: justice.
Marco Velicogna. In Search of Smartness: The EU e-Justice Challenge. Informatics 2017, 4, 38 .
AMA StyleMarco Velicogna. In Search of Smartness: The EU e-Justice Challenge. Informatics. 2017; 4 (4):38.
Chicago/Turabian StyleMarco Velicogna. 2017. "In Search of Smartness: The EU e-Justice Challenge." Informatics 4, no. 4: 38.
Mehr als 20 Experten aus Praxis und Wissenschaft diskutieren in diesem Band die Zukunft des EU-Zivilprozessverfahrens – von grenzüberschreitenden Problemen über das Prinzip des gegenseitigen Vertrauens bis zu „E-CODEX“ und Online-Streitschlichtung. Dabei werden grundlegende Modelle justizieller Zusammenarbeit diskutiert und entwickelt. What road should procedural innovation take? More than 20 experts from practice and academia discuss the future of EU civil procedure, ranging from cross-border enforcement to mutual trust, from E-CODEX to Online Dispute Resolution. They offer blueprints for a reinvigorated judicial cooperation.
Ernst Steigenga; Marco Velicogna. Envisioning the Next Step in e-Justice: In Search of the Key to Provide Easy Access to Cross-border Justice for All Users. From common rules to best practices in European Civil Procedure 2017, 243 -270.
AMA StyleErnst Steigenga, Marco Velicogna. Envisioning the Next Step in e-Justice: In Search of the Key to Provide Easy Access to Cross-border Justice for All Users. From common rules to best practices in European Civil Procedure. 2017; ():243-270.
Chicago/Turabian StyleErnst Steigenga; Marco Velicogna. 2017. "Envisioning the Next Step in e-Justice: In Search of the Key to Provide Easy Access to Cross-border Justice for All Users." From common rules to best practices in European Civil Procedure , no. : 243-270.
This paper investigates the e-Justice design and implementation experience taking place at EU level for the provision of e-Justice cross border judicial services through the complex theory lenses.
Marco Velicogna; Ernst Steigenga. Can Complexity Theory Help Understanding Tomorrow E-Justice? SSRN Electronic Journal 2016, 1 .
AMA StyleMarco Velicogna, Ernst Steigenga. Can Complexity Theory Help Understanding Tomorrow E-Justice? SSRN Electronic Journal. 2016; ():1.
Chicago/Turabian StyleMarco Velicogna; Ernst Steigenga. 2016. "Can Complexity Theory Help Understanding Tomorrow E-Justice?" SSRN Electronic Journal , no. : 1.
This chapter investigates how a complex EU criminal justice procedure, the European Arrest Warrant (EAW), has been implemented and is performing its function through the support of a pre-existing information infrastructure: the Schengen Information System (SIS). Below the apparently seamless surface of the enabling information infrastructure lays a world of complexity. The infrastructure supports the transmission of data as well as sensemaking and the solution of se-mantic, administrative and procedural micro-issues through its human ‘intelligent’ components operating in ad hoc organisational units. Complexity is embedded in the heterogeneous, loosely integrated, and time bounded components of SIS. The chapter also investigates how the attempt to introduce a more complete Schengen Information System (SIS II) in order to fully satisfy EAW requirements resulted in a never-ending normative and technological development phase. Building on this wealth of experience, the chapter provides an in-depth view of the dynamics affecting the development of large transborder information infrastructures support-ing the circulation of legal agency.
Marco Velicogna. The Making of Pan-European Infrastructure: From the Schengen Information System to the European Arrest Warrant. The Circulation of Agency in E-Justice 2013, 185 -215.
AMA StyleMarco Velicogna. The Making of Pan-European Infrastructure: From the Schengen Information System to the European Arrest Warrant. The Circulation of Agency in E-Justice. 2013; ():185-215.
Chicago/Turabian StyleMarco Velicogna. 2013. "The Making of Pan-European Infrastructure: From the Schengen Information System to the European Arrest Warrant." The Circulation of Agency in E-Justice , no. : 185-215.
What does the making of a trans-national information infrastructure in the Justice domain entail? How is it designed? How is it implemented? The analysis of the e-CODEX, a large-scale pilot project to improve cross-border legal communication in the EU, sheds some light upon these questions. The purpose of e-CODEX is not just creating a technical system supporting transborder data exchange, but developing a functioning infrastructure that supports a legally valid, electronically mediated judicial communication system that can produce legal effects across different EU national jurisdictions. The e-CODEX case provides a flavour of the complexity entailed by such endeavour. It illustrates the clash between the attempt to organize and assemble the technological components on the one hand, and, on the other hand, the attempt to cope with the unexpected events and drifts that occur as the project progresses. It shows how the multi-layered legal and organizational dimensions (at the national and European level) become ever more relevant, and how cultivation strategies must be enacted to successfully implement the platform.
Marco Velicogna. Coming to Terms with Complexity Overload in Transborder e-Justice: The e-CODEX Platform. The Circulation of Agency in E-Justice 2013, 309 -330.
AMA StyleMarco Velicogna. Coming to Terms with Complexity Overload in Transborder e-Justice: The e-CODEX Platform. The Circulation of Agency in E-Justice. 2013; ():309-330.
Chicago/Turabian StyleMarco Velicogna. 2013. "Coming to Terms with Complexity Overload in Transborder e-Justice: The e-CODEX Platform." The Circulation of Agency in E-Justice , no. : 309-330.
Marco Velicogna; Antoine Errera; Stéphane Derlange. Building e-Justice in Continental Europe: The TéléRecours Experience in France. Utrecht Law Review 2013, 9, 38 .
AMA StyleMarco Velicogna, Antoine Errera, Stéphane Derlange. Building e-Justice in Continental Europe: The TéléRecours Experience in France. Utrecht Law Review. 2013; 9 (1):38.
Chicago/Turabian StyleMarco Velicogna; Antoine Errera; Stéphane Derlange. 2013. "Building e-Justice in Continental Europe: The TéléRecours Experience in France." Utrecht Law Review 9, no. 1: 38.
Recent field research projects in the justice sector have shown how the development of e-justice entails much more than developing, installing and connecting technological devices or providing normative recognition to the use of the digital medium instead of the traditional one for the exchange of documents. This article presents an exploratory case-study describing the development of an e-filing and document-exchange system between lawyers and ordinary courts in the French justice administration. As it soon became apparent, the real challenge did not lie in the search, assembly and manufacture of technological tools, but in the creation of the governance net of relevant organizational actors that was needed to successfully sustain and implement the innovation. It concerned looking for acceptable compromises as to what could be done and how. The challenge was also to find ways to motivate users to actively participate in the creation of the new service which could not work without them. Furthermore, external and somewhat unforeseeable events also played a relevant role in defining choices, the tempo and the possibilities for the success of the system's design and implementation.
Marco Velicogna; Antoine Errera; Stéphane Derlange. e-Justice in France: the e-Barreau experience. Utrecht Law Review 2011, 7, 163 .
AMA StyleMarco Velicogna, Antoine Errera, Stéphane Derlange. e-Justice in France: the e-Barreau experience. Utrecht Law Review. 2011; 7 (1):163.
Chicago/Turabian StyleMarco Velicogna; Antoine Errera; Stéphane Derlange. 2011. "e-Justice in France: the e-Barreau experience." Utrecht Law Review 7, no. 1: 163.
Gar Yein Ng; Marco Velicogna; Cristina Dallara. Monitoring and Evaluation of Courts Activities and Performance. International Journal for Court Administration 2008, 1, 58 .
AMA StyleGar Yein Ng, Marco Velicogna, Cristina Dallara. Monitoring and Evaluation of Courts Activities and Performance. International Journal for Court Administration. 2008; 1 (1):58.
Chicago/Turabian StyleGar Yein Ng; Marco Velicogna; Cristina Dallara. 2008. "Monitoring and Evaluation of Courts Activities and Performance." International Journal for Court Administration 1, no. 1: 58.
The rapid development of information and communication technologies (ICT) opens up new opportunities to significantly improve the administration of justice. The availability of web services, the use of electronic filing, the electronic exchange of legal documents, the possibility of on-line legislation and case law are only some examples that are spurring judicial administrations around the world to rethink their current functions and activities. ICT can be used to enhance efficiency, access, timeliness, transparency and accountability, thus helping judiciaries to provide adequate services. As many empirical examples show, this is, however, not always the case. The interaction between technology and highly regulated organisations, such as courts, may often lead to unexpected results. Europe, with its different institutional settings and experiences, allows the exploration of a variety of solutions that can be implemented to support the administration of justice. Most importantly, it also provides the opportunities for a unique insight into the dynamics and problems that may characterize such experiences. This article seeks to provide an empirically derived account on the uses of ICT within the courts and for judicial data interchange. The article is based on data collected through several research projects by the Research Institute on Judicial Systems of the Italian National Research Council, in partnership with other European institutions, including Universities and Ministries of Justice.
Marco Velicogna. Justice systems and ICT What can be learned from Europe? Utrecht Law Review 2007, 3, 129 .
AMA StyleMarco Velicogna. Justice systems and ICT What can be learned from Europe? Utrecht Law Review. 2007; 3 (1):129.
Chicago/Turabian StyleMarco Velicogna. 2007. "Justice systems and ICT What can be learned from Europe?" Utrecht Law Review 3, no. 1: 129.
Judiciaries in democratic countries have been facing problems of low legitimacy due to increasing judicial activism. Traditional forms of accountability have shown to be inadequate to the present situation. The purpose of this article is to examine whether easy access to information on judicial systems, courts’ activities and cases available through the Internet can increase legitimacy. Although websites can be a tool to enhance accountability, transparency, legality and representativeness of the judiciary, the results of this article show that this is not always the case. The authors hypothesize that enhancements occur when certain combinations of four core elements (organization of the web service provision, access to information, content, and users) take place. Based on an examination of all websites of three judicial systems, we seek to provide an initial outlook on the use of websites in facilitating legitimacy, and a contribution to knowledge in the field of courts and ICT.
Marco Velicogna; Gar Yein Ng. Legitimacy and Internet in the Judiciary: A Lesson From the Italian Courts' Websites Experience. International Journal of Law and Information Technology 2006, 14, 370 -389.
AMA StyleMarco Velicogna, Gar Yein Ng. Legitimacy and Internet in the Judiciary: A Lesson From the Italian Courts' Websites Experience. International Journal of Law and Information Technology. 2006; 14 (3):370-389.
Chicago/Turabian StyleMarco Velicogna; Gar Yein Ng. 2006. "Legitimacy and Internet in the Judiciary: A Lesson From the Italian Courts' Websites Experience." International Journal of Law and Information Technology 14, no. 3: 370-389.