Abstract:

The progressing COVID-19 pandemic caused by SARS-CoV-2 has forced accelerated computerisation of the broadly understood system of justice in the countries of the European Union, including Poland. The process of modernisation of IT systems of Polish courts intends primarily to streamline the digital practice applied in courts on the national arena and also to increase availability and attractiveness of technological solutions which may greatly contribute to the more effective access to justice. In this study, the author reflects on the impact of computerisation of justice on the implementation of the right to justice which appears as a fundamental democratic principle of the rule of law and a principle granting citizens mainly an inviolable right of access to courts to protect their interests and pursue their rights. The author also points out that due to the changing legal and social determinants, the implementation of new technological solutions is necessary and is somehow their natural consequence. As much as the pandemic itself has greatly accelerated computerisation, still in general the degree of access to it is doubtful at best, especially given the practical aspect. One of the reasons of such a state Of affairs is that Polish courts are not adapted to accept new technologies given the lack of engagement of relevant financial and equipment-related resources, which in the context of the developing idea of computerisation is an essential problem and may be treated as a manifestation of digital exclusion of persons performing justice-related duties. Such exclusion is definitely a negative phenomenon and should be prevented by engaging greater human and financial resources in the computerisation process and greater labour input in extending the technical infrastructure.