Digitization of judicial work in the time of the pandemic

If the transformations of information technology did not exclude Morocco from its impact, it made it necessary for years to participate in digital transformation by adopting a number of national strategies, and which increased the necessity of digital transformation that the world knew as a result of the outbreak of the Covid 19 epidemic, which forced the world’s population to their homes. As part of the measures taken to prevent the spread of this virus, and in the implementation of quarantine measures in Morocco and the situation due to health emergencies and movement restrictions, the will authorities issued a set of regulatory texts in which it was decided to digitize and adopt technology in public administrations to maintain the continuity of the public facility in the performance of its functions and services equally to the users. In this context, the justice sector was not isolated from the changes caused by the epidemic setback, as the repercussions of the pandemic extended to this sector, forcing it to stop its activities and with all the precautions taken by the government hit, to interact. in addition to harnessing the digital revolution to protect the health of litigants and the health apparatus of the judiciary. Justice, including judges, employees, lawyers and defendants, by restricting movement between the court and prison institutions, and which could be a reason for transmission or to acquire this virus, especially after the emergence of many epidemiological hotspots in prisons in the Kingdom.

And because the judiciary cannot stop working, it has worked to start enabling electronic litigation by using the digital court as an alternative means to actual transport and travel to the courts, in addition to conducting remote hearings for detainees, in addition to others legal and organizational measures to protect rights against loss and loss Opportunities and deadlines, the most important of which is the creation of electronic judicial services through information technology to facilitate administrative and judicial services for litigating users.

It is therefore inevitable to face the problems posed by the digital court, as a facilitating measure to prevent the spread of the Corona epidemic, by the extent to which the presence of administrative culture is reflected in the modernization of electronic services in the courts, so that the cultural and sociological given plays an important role in the modernization of electronic management, so it has become It is necessary to approach these intertwined variables, given that the lack of knowledge of administrators – as human resources – with electronic administrative culture, not to mention their poor knowledge and formative balance, would hinder the task of modernizing the judicial administration, including the simplification of procedures and procedures and the provision of services to dependents and litigants, thus The space for the rule of traditional manifestations of dominance relations and the negative employment of power in the judicial administrative organization.

On this basis, we will try to approach this topic and take note of all these indicators by relying on the following design:

The first axis: the digital court as a basis for the continuity of the justice facility under the pandemic

The second axis: mechanisms for the electronic improvement of judicial services and the issue of electronic administrative culture

Digitization and electronic administrative culture occupy a conceptual duality that is related to each other. Without the presence of a complete administrative culture, the means provided by digitization cannot be used by both employees and users. A certain level of administrative culture, and accordingly we will pay attention to the digital court as a basis for the continuity of the justice facility under the pandemic (first axis), and we will examine the variable of electronic administrative culture in its relation to electronic judicial services (second axis) address.

The first axis: the digital court as a basis for the continuity of the justice facility under the pandemic

The importance of the digital court is reflected in the fact that it ensures the continuity of this facility in the face of the pandemic by adopting the remote litigation procedure, which will play an effective role in protecting the fundamental freedoms and rights of female citizens and citizens , given that the judiciary is the supervisor to protect them and ensure judicial security and due enforcement according to the current section 117 of the 2011 constitution.

What also confirms the importance of the digital court and its role in the continuity of the justice facility is the statement issued by the Supreme Council of the Judicial Authority on the results of the first week of the adoption of the remote litigation process in the various courts of the Kingdom, as the communication confirmed the positive results achieved during the first week since the start of this process, as a total of 240 remote sessions were held in various judicial departments in the Kingdom, with a daily rate of 903 cases .

During this first week, 4,005 detainees benefited from these remote hearings, at a daily rate of 1,001. The Kingdom’s courts, whether of first instance or appeal, decided 1,222 cases, at an average of 306 cases per day.

The same thing was confirmed by the second communication related to the tracking of hearings remotely in the various courts of the Kingdom during the period from 4 to 8 May, during which 306 hearings were held remotely, during which 4786 cases were included and 1868 of they were decided, and 5216 detainees benefited from this process, They were tried remotely without the need to transfer them to the headquarters of the courts, in order to avoid all possible health risks in these exceptional circumstances, and 225 of them were released for various reasons.

Based on the aforementioned statistical data, it is clear that the digital court under the Corona pandemic effectively contributes to the commitment of judicial and legal security, by ensuring the continuity of the justice facility, and contributing to compliance with the health and security conditions for detainees and all justice seekers.

The second axis: mechanisms for the electronic improvement of judicial services and the issue of electronic administrative culture

In order to modernize the judicial administration methods, the Ministry of Justice has worked on a major project aimed at establishing a professional and qualified judicial administration, establishing the components of the digital court, modernizing judicial services, equipment and provide information programs, in addition to tracking its results in courts, and set up and complete projects aimed at modernizing and developing the judicial administration, as well as improving its services. In light of the Corona pandemic, which has imposed the need to develop digital visions to manage crises.

Among the efforts made to modernize the judicial administration is the adoption of some information applications and programs, including websites, which form the core of the judicial administration’s information system, including:

1- At the level of electronic programs and applications we find:

The program for the management of civil and injunction cases and court funds “système automatisé des jurisdiction”:

Which is considered the most important information project for the Ministry of Justice, as it will effectively contribute to reducing paperwork and speeding up administrative and judicial work.

The application of electronic judicial services for smartphones: the justice mobile, which provides a series of services, such as case tracking service, the service to view the outcome of requests for judicial records. Service to view the list of judicial announcements, commercial registry service:

At the level of websites dedicated to electronic services, we find:

The official website of the Ministry on the Internet www. justice.gov.ma

Wie played the role of a news platform to track the sector’s activities, and to publish data, reports and various developments related to the legal system.

– Court website www.mahakim.ma, which provides a range of services, for example, but not limited to: introduction of the judicial map of the Kingdom’s courts, online services, download of application forms.

The Legal and Judicial Administration Portal of the Ministry of Justice http/adala.justice.gov.ma

As a repository of legal and judicial data and data, in addition to enabling it to make legal and judicial information available to the public, and various options to search in legal texts from jurisprudence … etc.

We conclude from the above that talking about the importance of providing judicial services in particular electronically still raises many questions, regardless of the total number of proposals made by the relevant authorities to this new workshop regarding electronic governance to download, which is mainly represented in the digital court, due to various considerations related to the quality of electronic services that are accepted to be offered for the benefit of the beneficiary or the litigant, which is reflected in the scope of the presence of electronic culture, including the administrative culture required in the ranks of administrators, since the absence of a minimum level of administrative and judicial culture will undoubtedly hinder the entire litigation process in its presence or at a distance, which may require rehabilitation Technical and information capabilities, not just for workers bin not only the court, but for all components of justice, especially lawyers, commissioners and judicial experts, to keep up with this technological development, to use electronic media effectively.

No one can deny the seriousness of ignorance of the rules applied by the courts on the rights of mercenaries represented in the facilitation and employment of their services. In addition to the critical importance of the administrative culture indicator in the electronic management of judicial matters as an access point to achieve the requirements of justice, the pandemic has demonstrated the role of the digital court, not only to overcome the negative aspects that the court’s regular work, but even at the level of ensuring the continuity of the legal system in the provision of its services. which is accompanied by the global crisis of the Corona pandemic and the bet for the continuation of the work of the justice facility in accordance with the standards of democratic practice in the justice field.

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