Il processo civile telematico (p.c.t.) tra ragioni di efficienza e problemi applicativi

Translated title of the contribution: [Autom. eng. transl.] The telematic civil process (p.c.t.) between reasons of efficiency and application problems

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

[Autom. eng. transl.] The rationale for the introduction of the electronic civil process (p.c.t.) is to simplify the fulfillment of the process for lawyers, magistrates and registrars. The p.c.t. in fact, it allows operators and offices to exploit the potential of delocalization and management in dematerialized form of the various procedural activities, as well as remote consultation of telematic files. With the rapid spread of the p.c.t. However, various problems emerged relating to the regular establishment of the cross-examination and to notifications by certified e-mail, to the ritual appearance in court, in relation to the electronic or paper filing of the documents, as well as to compliance with the rules and technical specifications prescribed on the subject. As a simplification tool, the p.c.t. it has become an occasion for discussion around new forms of inadmissibility or non-existence of the acts, rekindling the debate on the purpose of the acts of the process and on the amnesty to achieve the purpose. In this context, the contribution focuses attention: 1) on the application of technologies to the civil process and on the problem of the form of digital procedural documents; 2) on the potential of digital acts in the perspective of facilitating the implementation of the due process, suggesting an interpretation of the problems oriented towards efficiency and therefore inclined to make the result of the validity of digital documents prevail in the event of violation of the technical specifications on the form ; 3) finally, on the introduction of the electronic process in the Supreme Court.
Translated title of the contribution[Autom. eng. transl.] The telematic civil process (p.c.t.) between reasons of efficiency and application problems
Original languageItalian
Title of host publicationJustice ER. Percorsi e strumenti per una giustizia digitale al servizio del cittadino
Pages30-41
Number of pages12
Publication statusPublished - 2021

Keywords

  • processo
  • digitalizzazione
  • telematico

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