Remote Judging: Comparative Analysis and National Legal Framework

Tešović, Olga and Milovanović, Ivana (2022) Remote Judging: Comparative Analysis and National Legal Framework. In: Društveni i lični izazovi tokom pandemije COVID-19: bornik radova sa Međunarodnog naučnog skupa ,,Društveni i lični izazovi tokom pandemije COVID-19”, 25-26. 11. 2021. Fakultet za pravne i poslovne studije dr Lazar Vrkatić, Novi Sad, p. 35. ISBN 978-86-7910-157-0

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Abstract

A comparative analysis of existing norms and practices in the feld of remote trials leads to the conclusion that since the beginning of the Kovid 19 pandemic, many countries have applied remote trials to some extent in almost all court proceedings. While in some countries there was a legal basis for conducting remote trials, other countries resorted to this practice only a©er the outbreak of the pandemic. On the other hand, our national legislation does not explicitly provide for the possibility of online judging, but provides for the possibility that certain parts of court proceedings are not conducted directly, but that certain evidentiary actions are conducted «remotely», i.e. via videoconferencing, both in criminal and civil proceedings. The aim of this paper is to reach relevant conclusions on the eªectiveness of this type of court proceedings, as well as on the relationship between the presumption of distance trials and the conditions set by Article 6 of the European Convention through the analysis of international and national legal framework on human rights. Taking into account the above, at the end of the paper, conclusions were made on how to ensure active and eªective participation of persons in court proceedings that take place online, and recommendations were also presented in order to improve national legislation and practice in this area.

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