Michele Angelo Lupoi

The challenges of digitalization of civil justice: towards a flexible orality

Introduction

The challenges of digitalization of civil justice: towards a flexible orality. Explore challenges of civil justice digitalization. This article advocates for enhanced flexible orality in small claims proceedings, leveraging digital tools for a balanced approach.

Abstract

Small claims proceedings are increasingly characterized by the prevalence of writing over orality. EU Regulation No. 861/2007 provides for proceedings that reduces but does not eliminate oral and direct contact between parties and judge. The author considers it appropriate to enhance this flexible orality, also making use of the tools of digital proceedings.

Review

This paper addresses a highly pertinent and contemporary challenge: the digitalization of civil justice, specifically within small claims proceedings. The author identifies a concerning trend towards the prevalence of writing over orality, a shift with significant implications for procedural fairness and accessibility. The abstract effectively introduces the concept of "flexible orality," drawing on EU Regulation No. 861/2007 as a practical example where oral contact is reduced but not eliminated. The proposition to enhance this flexible orality through digital tools offers a potentially innovative and timely contribution to ongoing debates about legal reform. A key strength of this proposed work lies in its pragmatic approach, seeking to integrate rather than eradicate traditional procedural values within a digital framework. By focusing on small claims, the paper targets an area where the impact of procedural changes on individual litigants is most pronounced. The concept of "flexible orality" itself is compelling, suggesting a thoughtful attempt to leverage technology not merely for efficiency, but to strategically improve crucial aspects of judicial proceedings, such as direct communication between parties and the judge. This nuanced perspective has the potential to offer valuable guidance for legal systems navigating the complexities of digital transformation. While the abstract presents a clear and engaging thesis, it raises several questions that the full paper would benefit from addressing in depth. Further elaboration on the concrete manifestations of "flexible orality" and the specific digital tools envisioned would be invaluable. How can these tools genuinely *enhance* oral interaction, rather than simply streamline or simulate it? Additionally, exploring the potential pitfalls, such as the digital divide, challenges to effective communication in a virtual setting, or the preservation of the solemnity and authority of judicial proceedings in a digital context, would significantly strengthen the analysis. The full paper promises a robust discussion on these critical areas.

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