Thursday, January 13, 2022

Digitization of the judiciary: Now!


In Austria, an obligation to be vaccinated against COVID-19 is to be stipulated by law. Needless to say, this plan is polarizing opinion. Recently, the professional association of judges and public prosecutors expressed its position on this issue. In addition to constitutional concerns, the issue is the immense additional burden on the courts resulting from the expected appeals against penal decisions. There is talk of a 6-digit number of additional proceedings "threatening" the administrative courts and supreme courts. 

The concern is certainly justified. One does not have to be a prophet to foresee that this wave of complaints will be steered on the one hand by certain political parties, but also by the legal profession. And there the question of resources does not arise? No, because these complaints will certainly be handled with a high level of technological support. Just as in the case of flight delays or fines for speeding.

These resources must also be available to the authorities! The cases will resemble each other or can be typified, the arguments will be repeated. If lawyers manage to build up the necessary infrastructure - why should the judiciary not be able to do so?

It is certainly not a financial question. Probably a legal one, but the lawyers on the other side are also obliged to personally authorize each and every appeal, and the relevant case law of the Administrative Court is well known. But of course, it also requires the willingness of judges (and politicians) to accept technological support. If compulsory vaccination actually becomes law, typical mass proceedings must be expected. The timing for a digitization push in the judiciary could not be better.


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