DOI
10.35552/0247.38.5.2190
Abstract
This study considers the Electronic Case Management System (ECMS) and the challenges it faces in achieving basic litigation guarantees, according to the legislation of the UAE, and comparing them with the practices followed by the judicial authorities. The importance of the study lies in the fact that electronic justice has replaced the traditional justice system, where all procedures from registering the case, submitting memoranda, conducting trials, issuing judgments, appealing, and implementing them are carried out through it remotely. This raised the question about the extent to which ECMS provides basic litigation guarantees, specifically the principles of equality, confrontation, defense, and publicity. This study utilizes the comparative analytical approach by exploring the relevant legislation in both traditional and electronic justice and comparing them with the practical implementation of the judicial authorities. The study reveals some challenges that hinder these guarantees and, as a result, concluded with the appropriate solutions and recommendations.
Recommended Citation
Alkhatib, Abdulla A.
(2024)
"Trying Out the Electronic Case Management System in the UAE and Its Compliance with Fundamental Judicial Guarantees,"
An-Najah University Journal for Research - B (Humanities): Vol. 38:
Iss.
5, Article 3.
DOI: 10.35552/0247.38.5.2190
Available at:
https://digitalcommons.aaru.edu.jo/anujr_b/vol38/iss5/3