The Supreme Court of Justice of the Nation (SCJN) has established two important measures on the path to the complete digitalization of processes, through Agreement 12. These measures will come into effect as of April 20, 2020.
The first provision approves the use of the electronic and digital signature, in respect of All judges and officials of the lower courts that carry out their activity with the Judicial Management System.
The second consists of the Approval of the procedure for receiving claims, filing direct appeals and complaints before the Chamber.
These decisions are made while the extraordinary holiday dictated by the SCJN through Resolution No. 6/20 and extended on two occasions, the last being until April 26, 2020, inclusive, is still in force.
High Court measures since the pandemic
Agreement 3/20 (11.3.20): The SCJN provides exceptional leave for judges, officials and employees who return to the country from areas with circulation and transmission of COVID-19.
Agreement 4/20 (16.3.20): The High Court resolves to declare the days from March 16 to 31, 2020, non-working days, with minimum provision of services during the period. It suspends attention to the public, except for cases in which the presence of the lawyer and the party is essential. As of 18.03.20/XNUMX/XNUMX, all presentations made in the scope of the National and Federal Justice will be completely digital through the IEJ system.
Agreement 5/20 (19.03.20/20.00/XNUMX): The Supreme Court orders, as of the first business day in March, to extend the hours for leaving digital notes until XNUMX:XNUMX p.m.
Agreed 6/20 (20.3.20): The CSJN resolves to decree the extraordinary fair from 20.3.20 to 31.3.20.-
Agreed 8/20 (01.4.20/1.4.20/12.4.20): The Supreme Court extends the extraordinary holiday from XNUMX/XNUMX/XNUMX to XNUMX/XNUMX/XNUMX.
Agreement 9/20 (03.04.20/XNUMX/XNUMX): The SCJN enables the fair for exclusively electronic payments for alimony, severance pay, work accident compensation, traffic accident compensation, professional fees for all proceedings and that the judge considers appropriate remotely - through its virtual private network (VPN).
Agreed 10/20 (12.04.20/13.4.20/26.4.20): The highest court extends the extraordinary holiday from XNUMX/XNUMX/XNUMX to XNUMX/XNUMX/XNUMX inclusive.
Agreed 11/20 (13.4.20): The CSJN approves the use of electronic and digital signatures within the scope of the CSJN, with respect to the different jurisdictional and administrative acts signed by the Ministers and Secretaries of the Court.
The beginning of digitalization in Justice
The process of modernization in the provision of the Justice Service has been developing for almost a decade. The CSJN, in use of the powers granted to it by the National Constitution and by laws 26.685 and 26.856, issued different agreements en with a view to establishing the computerization and digitalization of processes.
Thus, through Agreement 31/2011, the electronic notification system was regulated, which was gradually made mandatory in different instances. The first of these was on 7.5.2012 for appeals for denial of extraordinary appeal processed in Chambers based in the City of Buenos Aires.
In 2013, the mandatory nature of this appeal was gradually incorporated into all extraordinary appeals, appeals for complaints due to the denial of extraordinary appeals processed in Federal Courts based in the provinces, ordinary appeals and appeals for complaints if the corresponding appeals are denied. Likewise, complaints for delay and denial of justice and various submissions, even for the Oral Courts and Tribunals.
Finally, on 1.4.2014, it was made mandatory for all Courts and Tribunals of the National and Federal Chambers. And since 1.4.2015, the electronic notification system was extended to all cases in progress in the Judicial Branch of the Nation, so that this system became mandatory and exclusive.
In accordance with the implementation of the electronic notification system for all proceedings, the SCJN has been taking measures to ensure the proper use of the new computer systems in force, both for those who must exercise the administration of justice, as well as for the parties and lawyers involved or users.
For example, Agreement No. 3/2015 establishes:
- Standardization of covers, notices, forms, orders, edicts, letters, web case entry. Elevations to trial and elevation certificates.
- Mandatory use of the LEX100 management system, which allows users to consult all data and activities produced during the processing of judicial proceedings.
- Statement of minimum data upload contents under the responsibility of judges and officials as established by the civil and criminal procedural codes and by the legislation and regulations in force.
- Entry of digital copies applicable to all files in process, as well as to all files whose processing is reopened or initiated and with respect to all procedural acts, and will entail a sworn declaration as to their authenticity in relation to the lawyers who present them, without prejudice to the exemption of art. 121 of the CPCCN.
- The mere procedural submission will exempt the submission of paper. In the event that the parties are State agencies or Public Prosecutors, by adhesion agreement, electronic notification also applies.
- In criminal matters, it will be the obligation of the Secretary or Deputy Secretary who comes into contact with the paper document to immediately proceed to digitize it and incorporate it into the LEX 100 system.
The impact of Covid-19: smart justice
In view of the significant measures issued by the Supreme Court in response to the COVID-19 crisis (“use of electronic and digital signature by judges and officials of lower courts” - Decision No. 12/20; “approval of the procedure for receiving claims and appeals” - Decision No. 12/20; “allowing the natural judge to make decisions remotely via their VPN” - Decision No. 9/20) and with the mandatory use of the computer notification and processing system in force for all lawyers involved in the different jurisdictions, as well as for the Courts themselves, It is evident that the judicial fair could cease. In this way, judicial processes would continue in order to obtain justice, without implying the presence of the public in court. It could be combined with other measures that allow action to be taken through digital channels for hearings, in those cases where it is urgent for the processing of a process.
It is clear that there would be no reason to continue with a judicial recess, at least for those proceedings that allow the use of the current and valid computerized system. Thus, justice can be obtained through the issuance of judgments and/or resolutions by magistrates and Chambers without the need for the presence of the parties.
The CSJN, for some time now, has set its sights on the institutional strengthening of the Judicial Branch of the Nation to achieve a swift and transparent justice. To this end, it has taken steps to ensure that, in the face of a situation as delicate as the one currently affecting the global community, there is a provision of digital justice based on harmonized, orderly and mandatory guidelines that have been in place for almost a decade.
By: Dr. Guillermo Felipe Coronel, Lawyer specializing in Customs Law
Aduana News is the first Argentine customs newspaper to launch its digital version. With 20 years of experience, its publications and initiatives aim to provide the most relevant knowledge on customs issues in order to contribute to safe trade in the region.
