The ruling also warns of the invasion
The regulatory competence of the CGPJ in aspects of the norm referring to the functioning of the governing bodies of the courts and tribunals. The report, which supports the ultimate objective of the draft project, that is " the adaptation of the Spanish judicial reality of the 21st century to the contemporary technological framework " in order to speed up the response of the judicial bodies, makes several warnings about the need for regulation appropriateness of said development to the extent that it may affect the independence of the Judiciary and the constitutional right to effective judicial protection.The Digital Efficiency Law is the third of a regulatory package whose purpose is the efficiency of the public service of Justice through reforms in three different areas : procedural (Law on procedural efficiency Phone Number Data measures), organizational (Organizational Efficiency Law) and technological ( Digital Efficiency Law). The governing body of the judges ruled on the first two last year in separate reports. The report warns that the draft does not clearly determine the recipient of the measures it contains , which is why confusion is generated between the scope of action that belongs to the Administration of Justice and that of the Judicial Branch, leaving that of the latter diluted in relation to what you want to provide to the first.
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The text approved today by the Plenary also detects a confusion of regulatory, administrative and procedural levels of action, which makes its correct application by legal operators difficult - generating legal uncertainty - and comes into collision with the principle of procedural legality. "The approved text also cites other examples such as the termination of the CGPJ's power to provide electronic signatures to judges and magistrates" (Photo: E&J) Artificial intelligence The report analyzes in detail the regulation made by the draft of the incorporation of artificial intelligence models to the electronic processing of judicial procedures and the issuance of judicial resolutions.
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