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Publication
The performance of the courts in the digital era: The case of insolvency and restructuring proceedings
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| The performance of the courts has been at the center of both political and public debates around the world and is one of the success indicators in the development of public policies on access to law and justice, particularly as regards the right to obtain a decision in reasonable time. The introduction of new information and communication technologies has been essential in extending this access to law and justice in two ways: as a way of making courts function more efficiently; and as an instrument for measuring and assessing the level of compliance with established policy objectives. Anchored in this “computerization of justice” movement, we intend to analyze its role in the overall performance of the courts in an important and central area for the economy and the functioning of the markets: corporate insolvency and restructuring. In order to achieve this purpose, a series of interviews was carried out with several key judicial players and stakeholders. What has been found in this research shows that day-to-day reality is not yet fully in line with policy purposes and legal provisions. Technologies still play an ambivalent role: despite streamlining processes, they raise new difficulties and challenges that require constant improvements. | 1.1 MB | Adobe PDF |
Advisor(s)
Abstract(s)
The performance of the courts has been at the center of both political and public debates around the world and is one of the success indicators in the development of public policies on access to law and justice, particularly as regards the right to obtain a decision in reasonable time. The introduction of new information and communication technologies has been essential in extending this access to law and justice in two ways: as a way of making courts function more efficiently; and as an instrument for measuring and assessing the level of compliance with established policy objectives. Anchored in this “computerization of justice” movement, we intend to analyze its role in the overall performance of the courts in an important and central area for the economy and the functioning of the markets: corporate insolvency and restructuring. In order to achieve this purpose, a series of interviews was carried out with several key judicial players and stakeholders. What has been found in this research shows that day-to-day reality is not yet fully in line with policy purposes and legal provisions. Technologies still play an ambivalent role: despite streamlining processes, they raise new difficulties and challenges that require constant improvements.
Description
Keywords
courts performance law justice digital era insolvency restructuring proceedings
Pedagogical Context
Citation
Frade C, Fernando P, Conceiç~ao AF. The performance of the courts in the digital era: The case of insolvency and restructuring proceedings. Int Insolv Rev. 2020;29:346–359. https://doi.org/10.1002/iir.1390.
Publisher
Wiley