INTRODUCTION

Cross-border litigation can be particularly cumbersome for parties – and especially in connection with small claims – due to the significant costs such exercise can involve. This can easily reach disproportionate levels. The diversity of applicable rules, the complex interplay between national and European rules, the procedural stages that need to be followed, the length of proceedings and often the need to rely on some form of legal assistance contribute to this outcome. In this framework, technology can provide some solutions that can facilitate access to justice, but much depends on how technology is being used to support justice, maintain legal protection and uphold the rule of law.

Recent decades have witnessed a process of integration and use of information and communication technology in the area of justice. Digitisation of civil procedure has emerged gradually in different areas of civil justice, from basic court administration to full online handling of court procedures in some countries. The starting point has been the technology's ‘great potential to redefine court boundaries and make it more accessible and comprehensible for the public’’.

In a cross-border setting, developments in the EU focused on providing information on the use of various European instruments via dedicated websites, electronic access to standard forms for European procedures, automatic translation of the text of standard forms, and adopting procedural rules that support information and communication technology use at various stages of the process. Technical innovations towards digital justice have been evolving in a piecemeal fashion and cover a wide range of aspects, such as providing access to EU and national legislation and case law, forwarding cross-border cooperation between professionals in different EU Member States, use of digital tools (e.g. videoconferencing, Find a Lawyer, Find a Bailiff, Court Database), and digital processing of European uniform procedures (e.g. e-CODEX tests).

Besides court-based procedures, out-of-court solutions have also been gaining ground as the new possibilities of e-commerce and disputes related to online transactions have been putting a strain on national courts to deliver effective judicial protection within a short time frame. Alternative dispute resolution (ADR) means – private or publicly developed at national and European level – have been thriving over the last decade. At EU level, this process has been led by the adoption of Directive 2008/52/EC on certain aspects on mediation and Directive 2013/11/EU on Alternative Dispute Resolution for Consumer Disputes.