Electronic Service of Documents National and International Aspects

Abstract

This contribution deals with the use of new technologies for the service of notice in its widest sense, which includes the filing of pleadings, the service of documents, and the notification of judicial decisions. The author analyzes some national regulations on e-service, as well as the practice at some international courts, in order to focus on the main challenges raised by the use of electronic judicial communication: (1) the way technical aspects can have repercussions over procedural safeguards and the need to count on reliable and secure systems, which can give proof that service has taken place and at what moment; (2) the possibility of a compulsory use of electronic-notification mechanisms, as well as the possibility of using them to serve the document commencing the proceedings; (3) the scope and requisites of a potential international electronic service of documents, under the example of some recent European procedures. The author emphasizes the idea that e-Justice is made up of tools at the service of Justice, amongst which are included electronic communications: but those tools should never dictate the development of the purpose they serve and it would also be intolerable that the legitimate exercise of rights, or that their proper legal protection, should be precluded or hindered by the deficiencies of the software tools available to the courts.