Jawność postępowania gospodarczego a elektronizacja procesu cywilnego

Abstract

The principle of openness is a guiding principle of the organisation of justice; the right to an open hearing of a case, inter alia a civil case, is a human right, although not an absolute one. Therefore the digitisation of the civil process should not affect this right. All forms of digitisation are in practice really concerned with the technical and not the substantive aspects of the proceedings. Technical innovations aimed at improving the civil process should be introduced primarily in commercial cases; in the digital age, this does not infringe on the right to a court. Before attempting to apply artificial intelligence to the adjudication of court cases (if that is really possible), it would be advisable first to completely digitise the civil process, especially commercial proceeding.