Digitization of justice in the context of the COVID-19 pandemic and the implications of digitalization on constitutional rights

Abstract

The article aims to generate a preliminary radiography on the actual stage of digitalization of justice in Romania, offering a perspective on its evolution both domestically and internationally, a development forced, at least in appearance, by the COVID-19 pandemic and restrictions imposed by it. The electronic file, the usual use of electronic signatures in trials, as well as the multitude of information provided in the virtual environment by public judicial institutions are some essential aspects that define the beginnings of this deeply restructuring process. The most important question, on which no rigorous analysis has been carried out so far, remains the following: how does this process impact the constitutional rights of citizens? In the chase after the alignment to the European approaches, to the evolution and speed of the digital age in which we live, we lose sight of the fact that the Romanian citizens may not be prepared for this process. The human component fades in front of the benefits of artificial intelligence, adaptation at any cost is required by society, and indirectly, by the state, without providing the necessary resources in this regard. We propose a necessary reading from the perspective of affecting some rights guaranteed by the Constitution through digitization, aspects worthy of consideration.