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INTERMAGISTRATURE

“Inter-judiciary protocol” – an italian way of IT collaboration between justice authorities

Massimiliano Minerva – Magistrate in charge for IT and Public Prosecutor of Italian Court of Audit

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Italy is such a strange country!

We have four justice authorities (four and a half if we think also to military justice)

Italian Justice Authorities

(3)

administra tive justice

Justice authorities

ordinary justice, civil and

criminal tax justice

Italian Justice Authorities

accounting justice military

justice

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• 10.150 magistrates are holders of the judicial function, for civil and criminal trials

Ordinary justice, civil and criminal

• 490 magistrates which have jurisdiction for the protection of the legitimate interests against the public administration

Administrative justice

• 600 magistrates have jurisdiction in matters of compensation for the loss of public money

Accounting justice

• 3.375 magistrates for trials concerning taxes of every kind and species

Tax justice

• 103 magistrates are responsible of the exercise of military criminal jurisdiction even in peacetime

Military justice

Italian Justice Authorities - workforce

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Italian Justice Authorities

…and every justice system has its own rules, courts, judges and employers, and of course, its own IT

systems…

…this is a big problem for

citizen, but also for lawyers

and sometimes for judges

themselves too, because they

have to evaluate who is the

right judge in the trial!!

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…and so, sometimes ago I thought:

4 IT systems for justice are too much for one country, too much expensive, there is an enormous lack of mental energy and an unuseful duplication of similar projects, because they do the same things in each justice!!

And very often the

applications are not able to connect each other and to exchange data and

documents, with legal value.

Inter-judiciary Protocol

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Inter-judiciary Protocol

…so the initiative “inter-judiciary protocol”

was born as the result of progressive

synergies between the CIO (magistrate) in charge of the ordinary, accounting,

administrative, tax-justice and the

Avvocatura dello Stato (“Office of Treasury attorneys”, public lawyers) in order to

support an effective cooperation.

− A permanent brainstorming place between the Italian IT makers in the Justice sector

− An Italian way of IT

collaboration between justice

authorities

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Inter-judiciary Protocol

…thanks to this enthusiastic join,

even before the protocol was

signed…

…SHARING many forms of collaboration to find common solutions and practical tools between these judicial authorities

…a relationship of institutional cooperation

was started in order to ensure a permanent

coordination...

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Inter-judiciary Protocol

On 23rd January 2014 the inter- judiciary agreement was signed.

The final purpose is to contribute to the improvement of the whole

performance of the judicial offices, to obtain the reduction of costs

and to increase the effectiveness of

their actions, in particular through the

dematerialization of all documental-

flow and the interconnection of the

various judicial authorities IT systems

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Inter-judiciary Protocol

The ambitious aims which were shared refer to:

a. Definition of contributions to elaborate directives, ministerial memorandum and

technical rules about issues of common interest.

b. Creation of a permanent legislative watch

relating to legal-data processing (e-Justice) and to new technologies, with the task of evaluating the legislative changes and the case law, as well as to provide technical input of the above-mentioned matters.

c. Study and analysis of architectural solutions to allow the sharing of the technological

infrastructures and the network, in particular of the electronic data centers and the digital services of common interest.

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Inter-judiciary Protocol

d. Coordination of the actions which concern to

initiatives about Disaster Recovery and Business Continuity, in order to achieve relevant management economies and to speed up the implementation of the related structures.

e. Data exchange of institutional interest, so that the public authorities can use them into their

administrative and legal proceedings, respecting the authorization processes required by the law.

f. Documents exchange, with full legal value,

introduction of document platforms fit to guarantee effective actions for dematerialization of judicial

service.

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g. Coordination of actions related to the initiatives in the field of e-justice, in order to participate in programs in the field of e-justice of the European Union.

h. Elaboration of proposals for the purchase of IT

products for the legal professionals (private and public lawyers), in order to achieve the best economic and contractual conditions.

i. Elaboration of proposals to implement forms of re-use, of interoperability and of application cooperation.

Inter-judiciary Protocol

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j. With specific reference to the Electronic Trials and its different implementation, to set operational methods to ensure the availability of services for users,

pursuing the uniformity of the technologies as well as of the document format.

k. Search of all public funding sources, trying to participate to national, European or international programs and resources

Inter-judiciary Protocol

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Recently we start a project to unify the data center of the Court of

Auditors and the “Office of Treasury Attorneys”

The main aim is to save money, reducing the costs,

but also to improve the data center standards and performance

Let’s think to the business

continuity of IT systems, one of the most expensive add on

A concrete Project

maintaining the full operational independence and management responsibility of their own IT services

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Conclusion

• our main aim is to achieve the

integration between our systems of justice in the technical field, using IT as a stable link between the

different way of making justice in Italy,

• our aim is to look forward and give to citizen and lawyers only one point of access to justice in our country,

trying to use the same IT standards and technical rules

Inter-judiciary Protocol

..if it is not possible to use the same

trial laws.

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A new look at IT in Justice

A European way of IT

collaboration between

justice authorities All the IT

makers in the

Justice sector

around the

same table

opened to bar

and lawyers

associations

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Something like…. a European permanent brainstorming place between the IT makers in the Justice sector

Network of IT makers in Justice Sector

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IT COULD WORK!!!

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