Substituting Classic Procedures in Favor of Digital Procedures in Cases with Minors

Authors

  • Lenuta Giurgea University of European Studies of Moldova

Keywords:

Digitization; cases with minors; procedural documents; digitization process; justice

Abstract

In the current context, as a result of the spread of the COVID-19 pandemic, the need to
develop a network that allows the creation of a suitable environment for the digitization of the judicial
system is being discussed more and more frequently. The pandemic has brought to the surface the gaps
in the judicial system regarding the entire digitization process. Thus, an example would be the norm
that provided that the courts can communicate documents using the electronic signature and which was
mostly inapplicable, because many courts were not equipped with this signature, although the
recommendations were in the sense of sending the documents by post electronics . The lacunar
legislative framework is a common problem that does not allow the development of a real possibility
of creating and expanding viable digitization mechanisms that respect the procedural guarantees
imposed by national and European legislation. Trying to summarize, we can say that technology comes
to the aid of modern devices by diluting the classic procedure in favor of the digital procedure and
regarding cases with minors. In civil matters, we show that the digitalization of justice in Romania has
developed in an extremely slow manner compared to the need for freedom and evolution of humanity,
but also a certain convenience of the people. In the context of the digitalization of society, we appreciate
that it is normal for the legal profession to begin a transformational change towards new opportunities.

Author Biography

Lenuta Giurgea, University of European Studies of Moldova

PhD student in the Doctoral School of Legal Sciences and International Relations

References

Alexe, Liliana Cătălina (2020). Restrângerea fazei oralității în unele dintre cauzele aflate pe rolul

instanțelor judecătorești – soluție de tranziție necesară sau nu în contextul epidemiologic actual?/

Restricting the oral phase in some of the cases pending before the courts – necessary transitional

solution or not in the current epidemiological context?. Revista Analele Universității “Titu

Maiorescu”/”Titu Maiorescu” University Annales journal – Drept/Law, New series - year XIX.

Law no. 455/2001 regarding the electronic signature, republished, art.4, Law no. 506/2004 regarding

the processing of personal data and the protection of private life in the electronic communications

sector, with subsequent amendments and additions: Art. 1, Art. 2 paragraph (1) letter g.

Civil Procedure Code (art. 283).

Downloads

Published

2022-11-08

Issue

Section

Danubian Economy and Legislation