Electronic case distribution as a measure enhancing neutrality in the assignment of cases

Abstract:

The aim of this paper is to consider the pros and cons of the electronic case distribution system used in some European countries. The article demonstrates that this solution enhances the internal independence of judges, as it limits the influence of the president of the division. Nevertheless, the automation causes specific problems due to the algorithm’s opacity with regard to the main assumptions underlying the regulation – randomness and equal caseload – which may negatively affect the efficiency of court operations. The issues considered are: the non-transparency of the software source code, a necessity of maintaining the system’s flexibility by considering the judge’s specialisation and the risk of inequality of caseload due to the complexity of cases. The analysis is organised around the requirements stipulated in article 6 (1) of the European Convention of Human Rights. It is conducted in the comparative context of chosen European case distribution systems.