Against the fight for the office and strengthening of the influence, the role of judiciary focused on the needs of the individuals moves to the background. When high officials in the court serve to strengthen their own circle, providing high quality service to the citizens is not a priority for the system anymore. Good examples in this regard are the websites of the courts, which, normally aims to provide basic information to individuals, however, one cannot distinguish websites of the courts by this feature. At the same time, it shall be also mentioned that improving the websites does not require any legislative or big-scale reforms.
Access to the courts is an important pre-requisite for exercising the right to a fair trial (ECtHR, Golder v. the United Kingdom, 21/02/1975) – among them, in digital space, as digital access and technological development becomes more and more important. It is hard to find basic information on the websites of Georgian courts such as: court jurisdiction, court forms, court decisions, state duty rates, rules of execution/appealing court decision, etc. for more clarity, we will review the mentioned problems in detail, considering the relevancy of the topic.
Perceptibility, Responsiveness, Clarity and Strength of the Content
Court Jurisdiction
Information on the jurisdiction published on the websites is mostly incomplete. In particular, the main problem is that none of the court websites have information about which court may judge a specific legal dispute (matter of substantive jurisdiction).
Court Location
The addresses of the courts are published on the websites, however, information on how to reach a specific court by public transport is missing.
Basic information important for the citizens prior to addressing the court
Prior to addressing the court, it is important for the citizen to know what rules to follow, what forms to submit or procedural topics to review. Access to court practice is also important for the citizen to know how similar disputes/cases are resolved. Several problems were highlighted on the websites of the General Courts of Georgia in this regard:
It is interesting to review standards and examples from other countries on what type of information shall a court website contain, so that the users can get information they need while saving time.
Guidelines (2016) of the European Commission for the Efficiency of Justice (CEPEJ) include indications on what type of information shall be published on the court website.
Regarding the access to the courthouse, CEPEJ mentions that “the public must be provided with information on access to the courthouse. It is helpful if the court website provides information for citizens on the location of the court, public transport links, opening hours, the layout of the courtrooms, times of hearings, etc.”
The European Commission for the Efficiency of Justice document also mentions that “the primary purpose of many websites created in recent years is to provide citizens with basic information before any dispute or legal proceeding begins. This information shall be accessible for them without leaving their houses, in a language understandable for them, and at the same time, it shall ensure them being informed on their rights and procedural steps.”
Additionally, Directive of the European Union (2016/2102) on the accessibility of the websites and mobile applications of public sector bodies indicate that the websites shall comply with the following four principles:
According to the directive, to ensure accessibility of the website, observation of the following characteristics is also important:
The website of the courts of the Kingdom of Netherlands provides information on the locations of the courts of all instances to the citizens. Information about what procedural issues and rules are related to the proceedings of the relevant court is also available on the website. These topics contain information on case proceeding, court expenses, court practice and possibility of mediation in different instances. The list of the courts redirects the user to the website of the relevant court.
On the homepage of the website of the courts, the user gets information on where the court is located and how to contact it, what are the working hours and what type of cases are within the jurisdiction of the specific court. Court decisions (briefs, as well as in detail) by date are also available on the website.
We also find the following sections on the website of the courts:
The website generates court forms taking into account the status of the user. Accordingly, it divides the users in three types: citizen organization and lawyer. By ticking the relevant box, the user undergoes identification process, enabling them to fill out the relevant form online.
It is important to mention that, in terms of service accessibility, the court offers its users a mobile application to fill out the forms through, simplifying the process even more.
The Courts, tribunals and appeals section of the United Kingdom government website consists of various information fields uniting the following topics:
Information for the cases when a person complains against legal solicitor, judge, magistrate judge or a tribunal member.
It is important to mention that the website gives possibility to the users to express their opinion on the efficiency of a specific website they are using. Users can also describe a problem they faced on the website in detail.
When speaking of court accessibility, above all, it is important for the consumer to get information on which court/tribunal should hear their dispute. The UK government website gives possibility to the citizens, depending on their needs, to predefine which tribunal or court will hear their case.
The website is oriented as much as possible to adapt to the level of knowledge of the citizen and provide information accordingly. The first question a citizen needs to respond to is whether he knows the name of a court or tribunal which shall hear his case or not. Probable answers also take into account the interest of the citizen in case he wants the dispute to be considered by the court/tribunal that is territorially closest to him. Next questions cover the topics such as: why the citizen requires court services; on which topic he needs more information on. After marking the relevant answer, questions are more clarifying. If territorial proximity of the court/tribunal hearing the case is a priority for the citizen, after mentioning postal index, the website gives the list of the courts, which consider the case of the person interested in the issue, indicating the distance.
After choosing the preferred court, the user gets following information:
In the United States, the courts website provides a person wishing to start the court proceeding with all important information, including court forms, legal aid, fees, translation services, etc.
The website also gives the user possibility to, by indicating the postal code, find the closest courthouse and plan the route to reach it.
The USA courts website has one more significant feature, making it accessible for the wider society. More particularly, in a separate section on the website, a citizen can listen to the complete information that a specific page includes. Additionally, this section gives an option to translate the page in any language. The USA courts website supports judicial transparency standard by publishing court case recordings, statistics and information on vacant positions for judges. As the US is a big country and, at the same time is distinguished with its federal system characteristics, it is interesting to look into the quality of informativeness of individual state courts websites. With this purpose, Michigan state court website will be reviewed below in the article.
Michigan has developed a document Michigan Trial Court Standards and Guidelines for Websites and Social Media. According to the document, it is important for the Michigan court website to comply with the following major aspects:
As for the website of Michigan courts itself, along with the mentioned standards, it is also important to mention that the website gives possibility to the stakeholders to watch the court process live, significantly increasing the quality of transparency.
The website also contains video instruction, which makes court form easy to fill out online. Like the website of the courts od the Kingdom of the Netherlands, Michigan court website also gives information on which of the courts have jurisdiction over what types of disputes and how these jurisdictions apply.
Website gives opportunity to the citizens to proactively receive information and updates on Michigan judicial system on their emails.
Information on legal seminars, available to attend for all the stakeholders is also published on Michigan courts website.
Based on the above examples and international standards, we can conclude that the websites of Georgian General Courts do not meet the requirements envisaged by the quality of informativeness. therefore, it shall be important to our country to introduce website models which will make court services more accessible and perceivable for the customer.
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