ICT Management
Main Findings ↩︎
- There have been some notably positive trends in ICT
Management, particularly in data sharing, transparent reporting, and ICT
security, since the 2014 Serbia Judicial Functional Review. A
100 percent increase in the ICT budget over the period 2015-2020,
training for external compliance with ISO standards, and enhanced data
security and backup procedures have contributed to this progress.
Several modern web-based tools have been adopted, contributing to the
overall better dissemination of judicial information, both internally
and externally. Access to justice information – both generally about the
system and related to specific cases – and quality of judicial
decision-making have thus both been enhanced. These improvements have
increased the accountability, transparency, and efficiency of the
judiciary.
- Internally, the implementation of the Enterprise BUS has
allowed for data exchange across judicial systems and with allied
entities outside of the justice sector. There are now common
registries for internal justice systems users. The Judicial Information
System (JIS) system speeds proceedings in court cases and enforcement
procedures, with time and cost savings for the citizens and the justice
system, and allows automated data sharing with the National Statistics
Agency, Ministry of Interior, Ministry of Public Administration and
Local Self-Government, the National Bank of Serbia, and others.
Uniformity of the AVP application installed at the courts ensured that
the courts operate the same version of the software, with the same
features and operational characteristics, although AVP does not allow
all necessary functions and is scheduled for updating. Business
intelligence software was fully implemented in 2019 with predefined
reports from court registers and customized reports, enriched with a
high variability of graphic data visualization. CEPEJ found that Serbia
now exceeds the experience of most states in introducing tools to
measure performance, a significant change from 2013.
- Externally, the portal for calendars and decisions of
most court types, representing a significant advance in the access to
justice, has enhanced legal certainty and increased
transparency. A regulatory structure to allow e-filing of all
case types, an e-filing pilot in three courts, and an e-Auction platform
for the electronic sale of property in enforcement proceedings have been
implemented. A central application for court fees allows users to see
all payments made by and due from court users, flagging unpaid court
fees and automatically distributing fees. Basic and higher courts
currently use the application; the commercial courts will be added in
the near future. There is also an e-Board that provides citizens with
quick and modern insight into the contents of bulletin boards in one
place.
- Nonetheless, despite significant progress in some areas,
Serbia’s overall judicial ICT development remains uneven and lags behind
other European countries. CEPEJ’s most recent report on the Use of Information
Technology in European Courts (including prosecutorial systems) focused
on three key aspects – ICT governance, ICT equipment, and
infrastructure, and the legal framework surrounding ICT development. On
a scale from 3 to 9, Serbia (as in the earlier evaluation) earned an
overall score of 4, with only ICT governance arrangements earning the
score of 2. This placed Serbia’s judicial ICT well below the European
average; within the region, only Albania has a lower development level
(i.e., a score of 3).
- In governance, CEPEJ found that Serbia continues to lack
a system for identifying and optimizing IT innovation. Since
2013, Serbia has experimented with creating an e-Justice Department at
the Ministry of Justice as well as a Sectoral ICT Council. The e-Justice
Department’s broader planning mandate has been disbanded in favor of ICT
planning rooted in individual systems. The Council has not met in almost
four years.
- ICT has not been used to bring about improvements in
efficiency. The Judicial Development Strategy 2020-2025 and the
revised Action Plan for Chapter 23 within the EU Negotiation process
recognize ICT as one of the key areas of development. For example, CEPEJ
found that Serbia continues to have relatively low use of IT equipment
in criminal matters while the pending criminal caseload continues to
grow. It is among seven states whose low IT equipment deployment
contributed to “greater difficulty in reducing the number of pending
cases,” according to CEPEJ.
- In February 2022, Serbia adopted IT Strategy in Judiciary
for the period 2022-2027 to ensure the preparation of the judicial
system for new challenges and increase the application of the ICT in the
judiciary. The accompanying Action plan includes the estimated
cost of the Strategy to ensure financing and implementation of the
Strategy.
- While national ICT funding has increased substantially,
the bulk of the budget is spent on salaries and outsourced maintenance
services, leaving funding insufficient to cover investment needs and to
improve the judicial infrastructure. While the justice sector
reports that it has an adequate number of computers and other devices, a
sizeable percentage of these are more than 10 years old and operate on
outdated operating systems.
- ICT investment decisions continue to be a donor- and
supplier-driven. The justice sector is over-reliant on donors
for ICT funding. The sector lacks a strategy for the self-sustainability
of its ICT systems. There is a lack of planning for ongoing maintenance
and support costs of ICT equipment provided by donors. Of the needed
8,000 replacement PCs, 5,700 will be provided by an IPA project, but no
funding has been allocated for replacement. Inevitably, equipment will
become obsolete once again.
- Consistent rules and routines for data entry are not in
place, rendering the statistical information collected
incomplete. The AVP system, in particular, lacks automated
routines ensuring data quality, and there are an inadequate number of
mandatory data fields, inadequate field validation, and no ‘lock down’
of statistics once submitted. Information is thus missing or is not
collected in a uniform manner. This is covered in more depth
below.
- Institutional and resource barriers have impeded
automated data sharing between the courts and PPOs, legal professionals,
and the general public. The absence of protocols for electronic
signatures, limited promotion of electronic exchange by the MoJ,
inadequate scanning, printing, and audio-visual capacity, a continued
lack of capacity in electronic communications, and a lack of public
trust in such communications have hindered the wider use of electronic
data exchange and sharing, e-filing and use of remote hearings.
- Case information continues to be disconnected from
resource management information. When cases are registered in
the case management system, they are not automatically registered in the
accounting system; courts are required to give multiple supervisory
bodies (the Councils, the SCC, and the MOJ) regular reports that overlap
but never provide the whole picture on performance and are not shared
among the supervising organizations; and the systems used for the
preparation and execution of court budgets are not linked
- While the use of websites is widespread today within the
justice system, many still offer only basic functionality.
There are a few notable exceptions offering higher functionality in the
form of proactive, automated service delivery.
- The conclusions of the 2014 Functional Review about ICT
staffing are still valid: the percentage of court staff devoted
to ICT falls well below the benchmark of 3.6 set by the Gartner Group
and varies widely between courts, even at the same jurisdictional level
(from 0.8 to 3.5 percent of total staffing).
- ICT training for judges and staff is woefully inadequate
and generally occurs only when a new system is implemented (and is
usually funded by the donor that funded the system).
Governance, Funding,
and Management of ICT ↩︎
Governance Structures ↩︎
- The justice sector has completed several critical
strategic analyses of sectoral ICT, but these strategies have not been
incorporated by the Government. In 2013, under the leadership
of the MOJ, the justice sector evaluated its ICT systems, operations,
and management structures and created the ICT Strategy Report and Annex.
The Strategy, completed by the Multi-Donor Trust Fund, recognizes the
strategic role of automation in the long-term success of the judiciary,
assesses how the judiciary’s IT and business strategies can be aligned,
prioritizes areas most in need of reform, and identifies specific action
steps and funding for making ICT improvements. However, the draft ICT
strategy has not been adopted by the Government. A comprehensive ICT
infrastructure assessment was also carried out in the last quarter of
2017 by the EUD. The assessment contains a detailed map of future
investment actions required to complete the development of the proposed
ICT agenda, split into phases along with corresponding cost estimates.
In addition, a guiding document, “Justice System ICT Systems Development
Directions”, was adopted in April 2016. Nonetheless, these investment
priorities have not been incorporated into the budget proposed by
MoJ.
- The Serbian judicial system does not yet embrace ICT as a
tool for transformation even though ICT is acknowledged in relevant
strategic documents, including the strategies above, the
Judicial Development Strategy (JDS), and the revised Action Plan for
Chapter 23 within the EU Negotiation process, as one of the key
development needs in the areas of impartiality, accountability,
competence, and efficiency. However, while many of the other activities
laid out in the JDS and Action Plan have been successfully completed,
the key ICT infrastructure development implementation is still on
hold.
- ICT systems remain unable to meet the overall business
needs of the judicial system at either a policy or the operational
level, despite the number of initiatives aimed at improving the
functionality of management information systems.
- In the absence of strong governance structures, the
judiciary is struggling with the scope and depth of recommendations to
improve ICT processes. Planning for the implementation of
improvements cannot begin in earnest until governance structures are
strengthened and roles clearly defined. ICT investment decisions
continue to be a donor- and supplier-driven.
- The Serbian judicial system began to make strides in
improving the governance of ICT but has reversed those initiatives and
continues to lack strong, strategic leadership. In 2014, an
e-Justice Department at MoJ and the new Judicial ICT Sectoral Council
were created. However, the E-justice department is not reflected in
MoJ’s most recent systematization and has been replaced by staff groups
related to specific areas of law rather than strategic ICT planning. The
ICT Sectoral Council has not met since 2017. MOJ continues to lack
people with enough in-depth knowledge of either court operations or
programming, limiting its ability to develop systems to enhance court
efficiency or quality. Instead, the MOJ’s efforts in ICT continue to be
centered on donor contributions and contract management rather than the
development of new or existing systems. A dedicated Chief Information
Officer (CIO) function at the ministry level would greatly enhance the
visibility of ICT issues and their contribution to overall justice
sector efficiency.
- There is little cooperation and few points of contact
between MOJ and the Government office in charge of the design and
functioning of eGovernment and information systems. The Office
for IT and eGovernment has established a State Data Center, which is one
of the most modern in the region and stores the key information and
communication infrastructure of the Republic of Serbia and provides
support in the application of information and communication technologies
and procurement in state administration bodies and Government
services.
ICT Funding ↩︎
- The ICT part of the MoJ budget has increased by over
100percent since 2015, with significant investments in infrastructure in
2019 and 2020.
Table 47: ICT part of the MoJ budget
RSD |
433,000,000 |
396,000,000 |
252,000,000 |
481,000,000 |
780,700,000 |
894,200,000 |
Euro (M) |
3.59 M |
3.22 |
2.08 |
4.1 |
6.64 |
EUR 7.61 |
Annual percent Change |
|
9percent |
37percent |
91percent |
64percent |
14percent |
Source: Ministry of Justice, Annual public procurement
plans
- There is no long-range ICT budget planning or funding to
sustain automation initiatives on an ongoing basis. Capital
budgeting remains on an annual cycle.
- The Serbian judiciary does not perform business case
analyses for proposed projects or analyze their likely total cost of
ownership (TCO). The TCO approach would require closer
coordination between the MOJ, the HJC, and the SPC decision-makers and
strategic advisors. This is especially important for assessing current
conditions, providing a framework for further sustainability of case
management systems in the Serbian judiciary, and addressing the overall
IT infrastructure and IT systems within the judiciary.
- The maintenance of software, internet connections, and
equipment replacement absorb a significant share of
judicial ICT resources, much of it outsourced to private
companies. The total ICT justice sector expenditures were estimated at
894.2 million RSD in 2020, of which 463 million RSD was spent on
maintenance.
- Ongoing maintenance and support costs of ICT equipment
provided by donors are not foreseen. The courts still do not
have any kind of strategy for the self-sustainability of their ICT
systems. MoJ invested in ICT infrastructure renovation at commercial
courts and a new CMS (SIPRIS), but there is no indication of how these
systems will be sustained and maintained by the courts in the
future.
- Significant arrears for amounts owed to vendors for
system development in prior years have been resolved,
with no significant arrears remaining.
- A complete inventory of ICT hardware and software was
completed in 2017. This represents significant progress since
2014, when there was no unified inventory of justice system ICT hardware
or software assets to be used as a basis for planning future ICT funding
needs. However, since 2017, no inventory of ICT hardware and software
has been taken.
- The courts report that they have an adequate number of
computers, at a ratio of almost one desktop or laptop per authorized
position (see Table 48). This ratio has improved since 2013,
especially for desktops/laptops in the Basic and Commercial
Courts.
Table 48: Available Court Hardware by Court Type, 2021
Basic Courts |
5,969 |
-17percent |
0.92 |
66 |
308 |
4.67 |
Appellate Courts |
965 |
+30percent |
1.29 |
4 |
26 |
6.5 |
Misdemeanor Courts |
1,450 |
-7.5percent |
0.6 |
45 |
44 |
1.0 |
Source: Ministry of Justice, Active directory numbers
- However, the use of many older, slower computers impedes
the effective use of systems and efficient service delivery. In
many courts, a sizable number of PCs (30-50percent of the desktops from
the list above) are more than 10 years old and use Windows XP, a key
obstacle to the use of modern software tools and applications. Many
printers, local servers, and scanners are also obsolete. The necessary
and large refurbishment of justice ICT systems infrastructure (hardware)
is not underway due to prohibitive costs in comparison with the overall
sectorial budget and funds within it that can be used for this purpose.
The Ministry has taken steps over the last couple of years to provide
smaller deliveries of PCs to most critical areas (e.g., servers, the
central domain at appellate courts in 2017) as has some donors, usually
within the delivery of new systems (e.g., SIPRIS).
- It is estimated that some 8,000 replacement PCs are
needed. This represents a substantial investment in itself.
Adding in other necessary pieces of outdated hardware that need to be
replaced (servers, printers, switches, storage, etc.), very high levels
of required investment in hardware, probably at the level of 15-20
million Euro, are needed. The IPA EuropeAid Supply of IT equipment and
software for improvement of CCMS in courts plans to procure 5,700 PCs
for the courts of general jurisdiction (basic, higher, commercial, and
appellate courts).
Operational Management ↩︎
- The MOJ has not historically provided ICT staff support
to the courts. Operations are fragmented and reliant on
vendors, donor organizations, or internal court resources. Currently,
the following services are fully or partially outsourced to private
vendors:
- application system development and implementation;
- application system support;
- provision of a wide-area network, WAN/LAN development, and
maintenance;
- provision of e-mail services;
- end-user hardware; and
- anti-virus software.
- Reliance on outside vendors to provide IT services is
greater than in most countries. The Gartner Group, the leader
in assessing technology planning, states that governments spend slightly
over 40 percent of IT expenditures on average on personnel and only 22
percent on outsourcing.
- ICT vendor agreements, largely developed by individual
institutions, were often not written to the benefit of the judiciary,
resulting in varying degrees of effectiveness. Vendors are
responsible for critical tasks throughout the judiciary, including
system development. Because of the heavy reliance on vendors, contracts’
details are critically important. Some current contracts do not
consistently describe the development services to be provided. They also
do not ensure adequate and accessible technical support, detail
preventative and corrective maintenance, or provide a clear description
and state ownership of source code, specifics of release management, or
maintenance of trouble logs. Some system users indicate there was little
consultation with users before systems went live, or that feedback was
provided but was not incorporated. Similarly, while some contracts
specify the precise hours and form of helpdesk assistance, the
Commercial Courts lack access to helpdesk services, and SAPS users
report only modest helpdesk assistance.
- Reliance on disparate vendors by individual institutions
may be reduced through the planned use of a centralized
Helpdesk. However, plans for a full-scale help desk and support
organization and a centralized public tender for software maintenance
with a multi-level Help Desk and Support organization, have not moved
forward.
- MoJ considered centralized outsourcing and maintenance of
local ICT equipment for a number of courts but has not moved forward
with those plans. Individual courts enter into contracts on
their own. This follows on efforts to improve contracts for maintenance
and support of ICT equipment by the first Basic Court in Belgrade
contracted with a specialized external supplier of printers and
scanners; this company is solely responsible for proper functioning,
including servicing, parts, and support, with specific Service Level
Agreement (SLA) details. This arrangement has relieved the court of the
mundane and repeated need for printer servicing and replacement and
still proved to be around 30 percent less expensive.
- The MoJ needs to significantly expand its ICT staffing
and its mission to ensure the correct deployment of ICT resources. The
ICT Strategy Report recommends considering a public-private partnership
to develop and maintain ICT systems, but the sector does not appear
ready for this. The governments of many countries – in the
European Union and elsewhere – are increasingly using public-private
partnerships as a means of innovative tools, financing, and providing
public infrastructure services. Effective public-private partnerships
require significant government capacity and engagement in system
preparation, design, implementation, and monitoring. Even if such
partnerships were created, a robust judiciary governance structure would
be needed to ensure that the cost savings from the partnerships do not
come at the expense of public-interest objectives. Ownership of
intellectual property must be considered as well. Finally, in the
pandemic era and in the midst of budget cuts, developing a
public-private partnership in justice presents a significant
hurdle.
Effectiveness
of Electronic Data Exchange and Back-Up ↩︎
- The judiciary relies on a variety of unlinked ICT systems
for case processing, case management, and document
management, and automated information exchange remains limited across
the sector. There have been steps forward in the electronic
exchange of documents between courts and PPOs, courts and external
institutions, and legal professionals as well through the PIS (Judicial
Information) system and several other platforms. However, the exchange
of documents between lower and higher courts, between courts and PPOs,
and between courts and external institutions (such as police and
prisons) is still primary manual resulting in significant
inefficiencies, delays, and errors.
Figure 166: Overview of different IT systems used in the judiciary
sector in Republic of Serbia
- However, positive changes include the introduction of a
system for integrated data collection and storage for all justice
institutions, which leads to more uniform data collection, clearer data
definitions and more transparent linkage between data.
Nonetheless, the Rulebook on data entry remains unfinished; information
is missing, is not collected in a uniform manner, and data entry rules
are not standardized. Each of these would further lead to more accurate
and relevant statistics. Existing fragmentation in the data necessarily
leads to the establishment of different methodologies in the process of
decision-making, which leads to inconsistent decisions. A comprehensive
model would ensure system-wide uniformity in the data collected, clear
data definitions, and the transparent linkage between data.
- MoJ is pursuing enhancing efficiency, access, quality,
and the introduction of information exchange protocols through the
Enterprise Service Bus (ESB). MoJ has
developed justice interoperability standards and selected architecture
to allow integration between various applications. The advantages are
numerous: easy plugged-out or plugged-in applications,
ease of protocol conversion, and the ability to establish a network to
cluster services together to achieve scalability. However, the ESB’s
central role in orchestrating all systems on the network and more than
6,000 users makes it vulnerable as a single point of failure, and MoJ
needs to assure proper maintenance to preserve efficiency and data
availability.
- Another current effort to allow information exchange, by
expanding the on-line availability of common registries to justice
systems users (see: Justice Information System - PIS, in the Appendix),
is being fully used throughout the judiciary. JIS speeds
proceedings in court cases and enforcement procedures, resulting in both
time and cost savings for the citizens as well as the judicial system.
The courts have quickly adapted to the advantages that PIS offers for
quick and reliable access to data and reduced duration in parts of the
court procedure. This will increase efficiency and allow justice system
users to conform to all legal requirements when performing their daily
tasks (e.g., checking a person’s previous criminal history when a
prosecutor is asked to arraign them by police).
- Manual record-sharing between general first instance
courts and the Appellate Courts is accompanied by some
scanned court pleadings. However, since documents of a given type are
not consistently scanned, paper files are still provided to the
Appellate Courts. Some courts are more successful than others –
in the Basic and Higher Courts in Novi Sad, around 60-70 percent of
documents are scanned. Scanning is generally a task for administrative
clerks, trainees, and interns.
- A number of factors inhibit the optimal use of scanning
technology; at this time, only Commercial Courts are fully scanning
entry documents. In other courts, indexing of scanned documents
is seriously hampered by insufficient server capacity. Lower quality
scanners also limit the number of pages that can be scanned at a time.
Serbian law requires that electronic records that are made available to
the public must be made anonymous by removing names, addresses, and any
other personal information, requiring significant staff
resources.
Electronic
Exchanges between Courts and Prosecutors and between Prosecutors’
Offices ↩︎
- The systems in place in courts and PPOs are not
interoperable. Most information is mailed or hand-delivered by
prosecutors to the courts. This process causes delays in case processing
and significant duplicate data entry by court staff. This
interoperability is provided by the functionalities of the Enterprise
Service Bus (ESB).
- Only 15 PPOs are currently using the SAPO application;
others continue to work manually. Information is currently
exchanged in writing, which causes delays. When the rollout of SAPO is
complete, all PPOs will operate on the same system, and exchange should
be available. This should result in great efficiency in internal
dealings between PPOs.
Electronic
Exchanges with Other Institutions ↩︎
- Currently, the use of email (with crypto protection)
still dominates the electronic exchange, but increasing direct access to
various registries, i.e., data kept within other state institutions and
other organizations of interest (banks, APR, etc.) will greatly reduce
use of paper and increase efficiency and data accuracy in upcoming
years. The expanded use of Enterprise Service Bus (ESB)
contributes to directly linking various systems currently running within
the justice sector.
- The Misdemeanor Courts are well-positioned to exchange
information with law enforcement and local government authorities
through their registries of sanctions and unpaid fines. The registries are housed in the
MOJ Data Center, to which all Misdemeanor Courts are connected and where
they can upload data. Data exchange protocols between the Misdemeanor
Courts and the traffic police, the Business Registers’ Agency, the
Department of Payments within the Treasury, and the Central Register of
Compulsory Social Insurance are particularly important to the
effectiveness and efficiency of misdemeanor procedures.
- The PIS (Justice Information) system discussed above
allows justice institutions' staff to access registries from outside the
judiciary, such as those of the National Statistics
Agency, Ministry of Interior, Ministry of Public Administration and
Local Self-Government, and others. The list of registries is
constantly being expanded. The number of PIS active users is more than
6,000, and MoJ had, by the end of March 2021, recorded over 8,000,000
electronic queries to other state bodies using this system.
Table 49: Electronic queries from the Justice Information System
Business Registers Agency |
58,071 |
CROSO |
1,528.549 |
Misdemenour records |
28,215 |
Register of persons deprived of liberty |
82,602 |
Birth registry |
1,883.316 |
MoI-residence |
1,939.340 |
Business Registers Agency - Persons |
26,055 |
Republic geodetic authority |
1,973.579 |
Participants in proceedings |
0 |
Pension and disability Insurance Fund |
88,912 |
Opportunity |
48,011 |
Register of natural persons |
16,498 |
National Bank of Serbia |
218,591 |
Criminal records |
107,066 |
Register of legal entities |
788 |
Tax administration |
2,436 |
- Communications between courts and financial institutions
have been automated through the use of PIS. In 2018, a protocol
between the National Bank of Serbia and MoJ defining the electronic
exchange of data was established, and systems to do so were
implemented.
- Electronic communication between prosecutors and law
enforcement is also rare. These groups collect and maintain
data differently, and there is no electronic linkage in their common
data. For example, the information from the National Criminal Sanction
database maintained by the MOI is only available to prosecutors upon
written request, slowing the work of prosecutors. Stakeholders report
that this causes delays at the investigation stage during initial
interviews and when considering deferred prosecution. This is also the
case for the Directorate for Penal Sanctions (UIKS) and Commissioner for
Alternative Sanctions.
- The EU E-CODEX project has created common technical
standards to improve interoperability between legal authorities within
the EU and cross-border access of citizens and businesses throughout
Europe. The Serbian judiciary needs to document its technical
standards and compare them with those under development by the EU so the
newly-developed Serbian standards will comply with E-CODEX
requirements.
Electronic
Exchanges between Courts and Legal and Allied Professionals ↩︎
- The flow of documents between both the courts and PPO’s
and legal professionals has been automated, but the absence of an
organized campaign to promote its use by MoJ and barriers related to
electronic signatures have impeded it from being widely adopted and
used. Electronic submission of filings to the court or a PPO
allows a significant reduction in data entry by court staff, enhances
access for lawyers to court documents with 24-7 availability of
e-filing, and eliminates postal costs for attorneys and printing costs
for the courts. The e-Sud application for the Administrative Court
(https://esud.sud.rs/home/#/login), should facilitate the creation,
administration, and monitoring of the case flow to end-users. e-Sud is a
web-based application where organizations or individuals in possession
of a valid and verifiable electronic signature can directly send their
applications to the court and later track the flow of the case. Current
practice shows only a small number of active users and electronic
submissions by the general public: 122 users electronically exchange
files with Administrative Court, and initial acts prevail. However,
court costs have been notably reduced and access to justice enhanced. An
awareness campaign from the MoJ needs to be conducted to expand its use.
In addition, towards the end of 2017, an Active Directory was
established for the basic, higher, and commercial courts, containing
over 12,000 potential users.
- E-filing is at the pilot stage in three courts, and a
regulatory structure to allow e-filing for all case types is
established. USAID created a protocol, a user’s manual, and
workflow diagrams created secure signature protections in excess of
legal requirements and purchased a limited amount of equipment needed by
the courts for e-filing. The selected court and a few private lawyers
have agreed to file and receive documents electronically, using a
special court e-mail address and electronic signature cards from the
post office.
- Potential impediments to expanding e-filing include the
absence of:
- qualified electronic signatures and time stamps on electronic
documents.
- comfort by courts even though hardcopy PDFs of documents will
continue to be provided by attorneys.
- adequate printing capacity in the courts, which limits the size of
attachments sent electronically
- ICT literacy among attorneys. However, familiarity and comfort with
the system is likely to increase once the benefits are understood and
internet penetration continues to rise.
- an effective promotion campaign from the MoJ.
- trust, concerns about the security of information submitted
online.
- user infrastructure and skills (e.g., computers, internet).
- a complete legal framework (especially for nonresident persons).
- There is also a preference among some filers for direct
Interaction with court staff.
Audiovisual Recordings ↩︎
- The audiovisual recording (A/V) feature has the potential
to save significant amounts of time for judges, prosecutors, and staff,
allowing more hearings to be held each day and reducing
backlogs. A/V systems also aid judges and prosecutors in
recalling the facts of the case at the next hearing and improve
transparency, efficiency, and quality of the courts while ensuring a
more complete and accurate record for appeals courts to review. The new
CPC allows the use of audiovisual technology. However, those benefits
need to be balanced against the cost and the operational changes
required
- Implementing the A/V recording feature would also
facilitate mutual legal assistance across Europe by way of
video-conferencing. The CCJE further recommends that member
States develop A/V capability to facilitate holding secured hearings and
remote appearances of witnesses or experts.
- A/V equipment would be particularly useful in criminal
cases. In cases where the defendant is a flight risk, the costs
and security concerns of prison transfers are already high, and
investment in the equipment may therefore be warranted. In sensitive
cases, including those involving children or vulnerable groups, security
concerns may also be mitigated by the use of audiovisual equipment. The
judicious allocation of A/V equipment to large courts and large prisons,
such as Sremska Mitrovica and Zabela, might therefore be cost-effective
while helping improve quality and access. At the moment, only two courts
in Belgrade have the necessary equipment for audio-visual recording, which substantially increases the
costs of any required A/V hearing, for example, with foreign
institutions. Transporting criminal defendants from different prisons to
Belgrade for hearings also represents a serious risk to the
public.
- Costs for a mid-range system span from 10,000 to 20,000
EUR per courtroom, a cost likely to be reduced if several systems are
purchased simultaneously. These costs represent the initial
investment in A/V recording equipment and the proprietary operating
software only. In the interim, it is recommended that at least simple
audio recording systems be purchased and used in all courts through
gradual acquisition of hardware and training so that all court hearings
are available and delivered to interested parties on reliable audio
media, thus replacing court stenographers, whose notes are notoriously
unreliable. “Skype for Business” was recently tested as the A/V link at
Sremska Mitrovica court and PO, as a simple and non-expensive A/V tool,
thus demonstrating that more affordable solutions are available in
ICT.
Security and Disaster Recovery ↩︎
- Adopted in 2019, the Act on the Security of the
Information and Communication System aims to ensure an adequate level of
system security. It delineates security powers and
responsibilities and provides that resources for the information and
communication system reside under the authority of the Ministry of
Justice.
- Backup procedures have been strengthened. MoJ
recently issued instructions for standardized AVP local backup
procedures at each institution using distributed AVP CMS systems. Other
CMS systems are installed and managed centrally within MoJ data centers,
where the regular backup is a standard process.
- Significant progress in a remote backup of systems and
data has been made. In 2017, a central Disaster Recovery site
was established in the city of Nis, some 200 km from Belgrade. Regular
systems backups are stored on a seven-day schedule. AVP, the most
heavily-used CMS system, is still a locally installed application,
complicating the backup process, but steps are being taken to further
expand the backup and disaster recovery systems.
- The judiciary continues to lack business continuity
planning – a thorough system of prevention and recovery from potential
threats. This type of plan ensures that personnel and assets
are protected and are able to function quickly in the event of a
disaster.
- Security of manual files remains a concern. Some
courts are holding files in insecure locations. In some exceptional
instances, large piles of files line corridors of public access areas of
courts and PPOs.
Case Management Functionality ↩︎
- Many of the judiciary’s case management systems provide
strong functionality, adequate data quality controls, and rigorous
security measures. However, AVP, the system used by a majority of
courts, lacks some key features of modern systems, suffers from the use
of inefficiently distributed architecture, has inadequate data entry and
quality controls, and is not being used to its maximum
effectiveness. Since its introduction in 2010, AVP has
increased court efficiency by streamlining workload and reducing manual
record keeping. The AVP system operates in Basic and Higher
Courts:
- allows the entry of all basic case processing information (e.g.,
filing dates, parties, judges assigned, history of actions, and court
fees), streamlining work;
- incorporates all Basic Court functions from initial filings
through to archiving;
- reflects the courts’ actual business processes (does not require
extensive workarounds for daily operations);
- uses pull-down menus/validation routines whenever possible,
enhancing data accuracy;
- allows individuals at the lowest appropriate level to enter data
(instead of relying on judges, for example);
- can produce notices, forms, or standardized orders;
- links to the central application for court fees. This linkage
will soon be made to the commercial court application as well.
- AVP lacks several critical features that would enhance
both court and user efficiency and enhance case management by individual
courts. Significant examples of these missing functionalities
include:
a. user alerts of filing deadlines, identification of next steps, and
notices on overdue events;
b. producing calendars: currently, calendars are produced manually
after courts send regular mail to attorneys about proposed dates, and
attorneys return objections and alternative dates by regular mail. This
creates a significant delay and unnecessary work for court staff;
c. tracking the time between events and activities: while data to do
so are in the system, report tracking durations between
events/activities are not among the system’s standardized reports;
- tracking reasons for continuances and other system delays;
- Central registry of attorneys appearing in court to allow the
analysis of the distribution of cases to attorneys.
- The failure to use take advantage of AVP’s functionality
is due primarily to the absence of training on the AVP system since its
rollout in 2010. Typists have not been trained in how to use
standardized forms. Instead, many forms are produced in Microsoft Word
templates or on typewriters. Also, interviewees indicate that
standardized forms are not used due to significant variations in
individual judge practice.
- The AVP system has not yet changed daily work in many
courts, from reducing the use of paper to using online versions of
documents. The AVP system lacks robust document management
functions, particularly electronic document flow for open cases, which
is not in place for either the general jurisdiction or the Commercial
Courts. All documents are provided to those who need them in paper
format, rather than electronically viewing and forwarding the documents
to the next person in the queue. This is more of an operational than an
ICT issue, related to discomfort among judges and other users to review
documents online. However, even when this barrier is overcome, the
functionality for automatically processing workflow would need to be
built into the system.
- As of 2017, MoJ achieved a uniformity of all AVP systems
installed at the courts, ensuring that the courts will operate the same
version of the software with the same features and operational
characteristics. Every update to AVP is agreed upon between all
court users through the Sectoral Sub-committee on AVP, and installed
across the board. This represents a significant advance since 2014 when
new case management systems were being rolled out in individual courts
in a deeply fragmented manner.
- Data management is thus becoming less fragmented,
reducing the need to enter the same data or manually copy it multiple
times. Recently introduced Oracle BI tools allow for collecting
data from all courts to produce standard or customized reports. AVP
provides local reports using data that is available in each court. It
has implemented more than 200 specific reports, primarily in accordance
with the Court Rules of Procedure. However, the quality of these reports
is questionable and very often disputed since they are highly dependent
on the quality of data entered in the system.
- AVP is at an exceptionally low level in terms of data
integrity. Problems relate to inconsistent practices in data entry as
well as failure to capture wholesale changes in the law. After
the many upgrades, technical improvements, and development activities
made to AVP, there is still an inadequate number of mandatory data
fields, inadequate field validations, and little or no training in
proper data entry. In addition, periodic audits are missing, directly
targeting the quality and consistency of the data entered within the AVP
system. AVP does not possess possibilities for direct communication and
data exchange with any other IT system in the Serbian judiciary sector
due to its distributed architecture and the outdated technology used for
its implementation. The introduction of the Enterprise Bus does not
overcome these deficits.
- AVP also uses and internally manages catalogs that are
legally under the domain of other institutions in the
country. In order to reduce human error and
improve data integrity, AVP would need to be directly linked with other
institutions that keep basic registers in order to increase the accuracy
of data. This is not technically feasible given AVP’s
architecture.
- The distributed architecture used by AVP is sorely out of
date. Opportunities for interconnecting AVP with other systems are
minimal. AVP also can run only on specific versions of the
Internet Explorer (IE) browser and does not fully support newer
browsers. This represents a serious limitation and security issue as
well because of discontinued support from Microsoft regarding Internet
Explorer in 2015.
- AVP’s distributed architecture also
requires a large number of local servers and properly trained local
staff to maintain and manage them.
- Replacing many small servers by a larger server (also
known as virtualization) would result in significant improvements in
efficiency and flexibility. Fewer and larger servers would
provide more flexibility in expanding or rearranging court operations,
reduce the need for local IT staff, lower operational and maintenance
costs, and reduce energy consumption by up to 90 percent. This change in
the number and size of servers would also support the integration of
different databases through middleware, as the data will be coming from
fewer places. The hardware costs of this solution are not high,
estimated at between 20,000 and 100,000 EUR and requiring between 50 to
250 working days of effort. However, until applications are centralized,
consolidating servers requires linking a number of disparate
applications together.
- AVP lacks necessary measures for personal data protection
and appropriate ISO standards. Personal data within the
database is not encrypted and is easily readable by anyone who has
access to the database. AVP does create a log file with a history of
information on who accessed which data at what time but without
information about the responsible person dealing with data logs and
access. Measures need to be taken to prevent unauthorized persons from
accessing, copying, disclosing, altering or erasing personal The system
also needs to be amended to record which personal data have been
processed or communicated, at what times, and from and to whom.
- Building on AVP, SIPRIS is the emerging case management
system for the commercial courts and provides more flexibility, better
statistics capability, and links to other internal and external
systems (justice PIS system, courts practice database, National
Post, etc). Other key functionalities above and beyond those of AVP,
which commercial courts have been using since 2008, are barcode
technology to register filings for court cases, which speeds the process
of scanning and routing filings to court dockets. Decisions of the first
instance courts are automatically linked to those of the appellate
courts.
- SIPRES, a single, automated, central information system
developed and implemented for the misdemeanor courts and the Appellate
Misdemeanour Court, allows, among other things, a publicly accessible
website with a registry of all unpaid fines that have been sanctioned by
any one of these courts. Data entry is better than that in AVP
since it is more highly regulated: SIPRES thus includes 95 percent of
data for each case, compared to 70-80percent of data entered for the
cases in SAPO and AVP. Implementing the electronic data exchange between
SIPRES and other systems is a good example of how basic national
registers can be used to prevent data duplication and improve data
quality. However, there is still incomplete functionality, including
automatic reporting on case status and statistics.
- SAPO has been implemented in 15 of 90 Public Prosecutors’
Offices (PPOs) through a pilot project of the European Delegation, with
the remainder planned for mid-2021. SAPO is designed to be
modular, is based on Enterprise Content Management, and provides full
support for digitizing documents within the prosecutor's offices. The
existing platform ensures easy compatibility and functional integration
with the SAPS system but also with other systems within the Justice
Sector.
- SAPO utilizes a centralized archive of all cases and
documents of all prosecutor’s offices and digitalizes the case archive
with all external and internal documents and acts. These
functions provide more efficient reporting and improved
transparency.
- However, as with the general jurisdiction courts and AVP,
PPOs are not fully using all of SAPO’s capabilities. Further
enhancements are recommended for this system, costing approximately EUR
3,9M over five years from the project plan through IPA 2017. It is
recommended that the current approach of workflow hard-coded in forms be
replaced with a workflow engine. Special modules within SAPO to are also
needed in the new anti-corruption PO departments.
- SAPO suffers from functional deficiencies that affect
data quality and statistical reporting:
- Inability to designate more than one main criminal offense per one
person.
- Lack of recorded connection between data on money laundering and
predicate criminal offenses.
- Inadequate procedure for case integration in the e-record.
- Inadequate procedure for recording the legal recharacterization of
criminal offenses.
- Inadequate recording of criminal information for transferred
cases.
- Lack of marking the concrete act of criminal offenses and linking it
with the accomplices.
- Currently, there is no Rulebook (instruction) on data
entry that regulates information and steps required to enter data into
SAPO. This results in different and incompatible data and
records being kept by Registry Offices in the PPOs.
- Data protection and data security in SAPO are at a very
high level. Also, personal data in the database is encrypted,
and even users who have direct access to the database cannot see it.
These features ensure that only the appropriate users have access to
specific data, either at an individual user, group, or role
level.
- Users indicate a general satisfaction with the speed,
user-friendliness and responsiveness of these systems. Delays
appear to be caused by hardware (e.g., slow servers) rather than
application issues and do not generally rise to the level of
interrupting operations. Less experienced users point to the need for
more training.
- Since the last Functional Review, application-specific
help desks have improved. The Ministry is considering creating
a Help desk function in order to provide a central location for all
ICT-related issues and inquiries. The case management system and related
software, staffed by IT specialists and lawyers, provide telephone
support during the court's working hours. Additionally, an online system
for reporting errors and requests (ticketing system) is provided to
users in court 24 hours a day, seven days a week. All requests are
submitted through the ticketing system on the Internet site set up by
the supplier for this purpose. The ticket contains a screenshot and a
detailed explanation of how the problem is reproduced. As with other
parts of ICT human resources, the absence of funding and adequate ICT
positions remains a barrier.
Effectiveness
of Systems for Management Purposes ↩︎
- Courts, PPOs, and the Councils have enhanced meaningful,
accurate, and timely statistics generated by the case
management system, allowing the judiciary to become more effective in
managing cases. In recent years, significant improvements have
been made, particularly to case management systems and operational
rules, and the Serbian judiciary is now
a relatively data-rich environment.
- Through the use of several new ICT tools, such as Oracle
BI, both councils are able to access reasonably accurate, standardized
statistical reports concerning case management across the sector as well
as some customized reports. Standard reports include those
on:
- The total workload of the court
- Judge's workload report
- Structure of unresolved cases by date of initial act and date of
receipt
- Structure of resolved cases by the date of the initial act and
date of admission
- Length of decision making,
- Average duration of unresolved cases in court,
- Average duration of resolved cases in court,
- Unresolved cases at the end of the reporting period,
- Unresolved old cases according to the date of the initial act and
the date of receipt at the end of the reporting period.
- For example, a report on the total number of cases
received and resolved by the court allows each court to capture a
picture of its clearance rate and the relationship between received,
resolved, and unresolved cases.
- The ongoing fragmentation of information flows is
manifested by the following:
- case information is not integrated with resource management
information, e.g., when cases are registered in the case management
system, they are not automatically registered in the accounting
system;
- courts are required to give multiple supervisory bodies (the
Councils, the SCC, and the MOJ) regular reports that overlap but never
provide the whole picture on performance and are not shared among the
supervising organizations; and
- the systems used for the preparation and execution of court
budgets are not linked.
- In addition, there are an inadequate number of
mandatory data fields, inadequate field validation, and no ‘lock
down’ of statistics once submitted data submitted, in particular in AVP.
Data submitted to the SCC from AVP are inconsistent,
may be incorrect, and can be changed by courts after
submission. Further, there is little training in proper data
entry, and there are no periodic audits of the quality and consistency
of the data entered. As a result, the data submitted to the SCC contain
a number of missing or changed entries which can render certain reports
meaningless.
- The organization of case types and classification of case
information in AVP also impedes meaningful statistical data
analysis. For example, there are currently 70 separate case
types, and in an effort to revise the book of rules (see Management
section), the MOJ is considering adding more. Further, AVP classifies
criminal cases by the most severe offense for which a defendant is
accused and by only one defendant, so other charges and defendants are
masked. These shortcomings impede the analysis of criminal case
processing.
Data
to Support Decision Making by and Access to the Judicial System ↩︎
- A newly-designed version of the Web portal for the entire
Serbian Judiciary currently contains the following key
elements:
- The map of all courts in Serbia
- Courts Statistics and Hearing Schedules
- The Registry of Unpaid Court Fines and other Monetary
Sums
- Court case flow
- A Link to the Notary Public Site
- International Legal Assistance / Judicial Atlas
- A Link to the Ministry of Justice, and links to a few other
relevant institutions (National Assembly, Serbian Government, Company
Registry Agency, etc.)
- Report Violence site
This initial look will be expanded by a number of other functional
links over time.
- Electronic access to legal research tools and
international law sites is open to all judges. All government
sites are on the so-called unrestricted ‘white list.’ Judges’ access to
the internet is otherwise limited because of bandwidth costs and
security reasons. However, other sites can properly be accessed with
prior approval from the Department for Joint Services.
- A new database, “Court Decisions and Practice” to support
judicial decision-making, has been established, with over 17,000 court
decisions uploaded. All courts are able to contribute to this
database. It has an “open” and internal component, where decisions can
be searched using any criteria
(https://sudskapraksa.sud.rs/sudska-praksa). The database includes s
decisions, analyses, and bulletins of case law from the following
courts: Supreme Court of Cassation; Supreme Court of Serbia (before
judicial reform); Appellate Courts; Constitutional Court; Higher courts;
Administrative Court; Appellate Commercial; Appellate Misdemeanor;
European Court of Human Rights in Strasbourg; European Court of Justice
in Luxembourg; UN Court of Justice; Inter-American Court of Human
Rights.
Quality
of e-Justice to Support Access to Court Users ↩︎
- The EC Directorate-General for Information, Society, and
Media offers standards for evaluating the online availability of public
services on a five-point scale:
- Level 1: information – provides access to general information;
- Level 2: one-way interaction – provides specific information; forms
required for service requests can be downloaded;
- Level 3: two-way interaction – electronic forms can be completed
through the site;
- Level 4: transaction – full electronic case handling of a procedure
(e.g., payments);
- Level 5: personalization – proactive, automated service delivery.
- A number of new, valuable initiatives have been
implemented that improve the quality of e-justice and make information
more readily available across the spectrum.
- A portal for calendars and decisions of the first
instance courts, appellate courts, supreme court of cassation, an
administrative court, commercial courts, misdemeanor courts, appellate
misdemeanor court, and enforcement officers have been developed by the
MOJ and allows parties to see the status of their cases. These
portals represent a significant advance in access to justice, and have
enhanced legal certainty and increased transparency.
- The use of websites is widespread today within the
justice system; however, many still offer only basic
functionality. There are a few notable exceptions offering
higher functionality (e.g., Level 3: two-way interaction). There is
still a lot to do to provide citizens with full electronic case handling
of procedures or personalization – proactive, automated service
delivery. In order to allow direct input of various acceptable documents
into the judicial system by users, a solution to the problem of using
qualified electronic signatures and time stamps on all documents,
regardless of the type and level of judicial institution, is
needed.
- The European e-justice strategy prescribes a European
Justice Portal as a one-stop-shop for citizen access. Simpler
procedures (payments, small claims) would be automated and accessible
from anywhere within the EU. Serbia should prepare to participate in
this venture. The e-government group at the Ministry of Justice is
striving to create a new Justice portal as a one-stop-shop for all
citizens’ needs.
- The Ministry of Justice has developed a central platform
for developing judicial websites, a set of standards for all justice
system websites (otherwise known as Common Look and Feel standards,
CLF), and a process by which these sites are established and
maintained. These efforts have reduced costs for web hosting,
improved internet presentations by the judiciary, increased website
security, insured internet presentations against system crashes and
failures, and ensured that courts’ internet presentations are harmonized
with applicable regulations and adjusted to current IT standards. To
date, some 40 courts have applied, and it is expected that this process
will expand to cover most of the institutions in the justice sector. The
website of the biggest court in the country (First Basic Court) is
available on this new platform: https://prvi.os.sud.rs.
- The Commissioner for Data Protection ruled that
electronic portals should be searchable only by case number.
The result is suboptimal, as the requirement prevents lawyers and
enforcement agents from seeing all pending court cases at once, impeding
efficiency and reducing the general public’s access to case information.
Stakeholders could develop a practical solution to this problem that
protects privacy while improving transparency, efficiency, and access,
consistent with European practice. For example, in Croatia, the
judiciary provides the case number and the initials of each party,
allowing users to access information while protecting their privacy.
This Croatian portal example could provide useful lessons for
Serbia.
ICT Staffing and Training ↩︎
Adequacy of Staffing ↩︎
- Nearly 20 percent of Misdemeanor Courts and 10 percent of
Basic Courts have no ICT support staff. When software questions
or minor maintenance needs arise, courts rely on non-technical staff
that gained some knowledge of the systems from their day-to-day
activities. With no ICT training, the ad-hoc volunteers for these tasks
will remain unfamiliar with many of the system features.
- The inadequacy of ICT staff affects service
delivery. More significant issues are queued behind all other
requests to vendors. In some courts, there is generally
adequate local ICT court staff to handle immediate issues (e.g., fixing
equipment problems, loading software) but not enough to ensure the
effective use of systems or provide analytical support to the courts.
This impedes the courts’ ability to use technology to its fullest,
understand their operations, or reengineer their processes to ensure
that judges and staff engage in productive activities.
- According to the Gartner Group, the leader in assessing
technology planning, government agencies worldwide
allocate an average of 3.6 percent of their employees to the ICT
function. In comparison, the courts in Serbia fall far below
that level at 1.8percent (see Table 50).
- Even after four years, the conclusions of the 2014
Functional Analysis are still valid, with both an uneven average ICT
staff in various types of courts (between 0.8 and 3.5), as well as total
percentage of ICT staff well below the benchmark of
3.6.
Table 50: 2020 Court Information Technology Staff (Benchmark = 3.6
percent)
Court Type |
# of Courts |
# Authorized
Judges/Staff |
# of ICT
Staff |
Average # ICT
Staff Per Court |
ICT Staff as Share of
Judges/Staff per
Court |
Basic Courts |
66 |
6,513 |
84 |
1.3 |
1.3percent |
Higher Courts |
25 |
1,922 |
55 |
2.2 |
2.9percent |
Appellate Courts |
4 |
747 |
10 |
2.5 |
1.3percent |
Commercial Courts |
16 |
892 |
22 |
1.4 |
2.5percent |
Misdemeanor
Courts |
45 |
2,276 |
32 |
0.7 |
1.4percent |
Total |
156 |
12,350 |
203 |
1.3 |
1.64percent |
- Prosecutor Office ICT support coverage is similarly
unsatisfactory as only 38 (i.e., 44 percent) of offices across the
system employ an ICT staff person. Assistance may be provided
by basic or higher court IT personnel who are hosts of the building.
This presents challenges to the independent functioning of the court and
prosecutorial services. Other prosecutor’s offices receive remote
assistance from the closest office, which employs a qualified person.
The Republican Public Prosecution (RJT) itself has only two
staff-related in any form to ICT.
- Another important benchmark is the ratio of the number of
supported workstations per ICT technician; the number of workstations
that are supported by a technician is much higher in Serbia than the
widely accepted standard of 40 PCs per technician. This is
especially true in larger institutions (e.g., the First Basic Court in
Belgrade).
Table 51: Number of supported workstations in basic courts per ICT
technician:
First basic court |
648 |
3 |
216 |
Third basic court |
319 |
2 |
160 |
Valjevo |
96 |
2 |
48 |
Kragujevac |
196 |
4 |
49 |
Leskovac |
140 |
2 |
70 |
Nis |
200 |
3 |
67 |
Zrenjanin |
97 |
2 |
49 |
Novi Sad |
458 |
4 |
115 |
Subotica |
123 |
3 |
41 |
Sabac |
131 |
2 |
65 |
- Other courts lack specialized ICT-trained staff.
An additional 28 percent of the Basic Courts and 53 percent of the
Misdemeanor Court IT technicians only hold a high school diploma.
Network administration, server administration, and website development
is outsourced.
- There is an insufficient distinction in the tasks carried
out by different IT positions; instead, ‘everyone does
everything.’ The Belgrade First Basic Court began assigning
distinct ICT responsibilities (e.g., network administrator, server
administrator, end-user support, e-mail support, website development),
but these distinctions are not reflected in systematization approved by
the MOJ, and no other courts follow the First Basic Court’s model. This
results in extreme limitations in career growth within the courts. It
may also explain the reported high turnover of ICT staff. This situation
has not changed since the 2014 Functional Review.
Adequacy of ICT Training ↩︎
- With basic training in computer literacy, the sector
could significantly increase its efficient use of technology.
Computer literacy helps enhance efficiency, workflow, and overall
experience within the workplace. Employees can produce more in a shorter
amount of time, freeing up resources to do more. Many judges,
prosecutors, and court staff have not received the most basic computer
literacy training to familiarize themselves with computer hardware or
relevant software. Stakeholders report that many judges are unable to do
basic word processing, send emails or run searches in the case
management systems or legal research databases. As a result,
notwithstanding the availability of computers, many judges continue to
dictate their orders or correspondence to typists and then manually and
repeatedly correct them before finally proofing and signing the
document. Judges also rely heavily on judicial assistants and court
staff – who similarly have received no such training but who may acquire
such skills by virtue of younger age or previous employment.
- The website for Judicial Academy
(http://www.pars.rs/en/ ), which was created to provide
a systematic approach and choice training in various disciplines related
to the justice system, does not contain any specific description or
program for ICT training, either for the ICT professionals in
the justice system or for end-users, which represent 90percent of all
employees. With the ever-increasing centrality and use of ICT in the
justice system, the Academy should actively pursue mass, basic ICT
education of end-users and specific training for those managing Case
Management Systems.
- There is no systematic, formal training or opportunity
for ICT staff, especially in some of today’s most important ICT
disciplines (network management, cloud architecture, etc.) ICT
employees receive no application-specific training when first hired or
any ongoing training. There have been several different efforts to train
court staff in specialized topics related to ICT, such as ISO 2700
standards. There seems to be a widespread fear that ICT staff with such
training would leave justice for better opportunities elsewhere, and
this kind of training is generally expensive, exceeding budget
capabilities. Interviews about training ICT staff confirmed that given
the uncompetitive pay, trained ICT staff are likely to move to other
employment.
- Instead, ICT staff is largely left to their own devices,
relying on online fora for answers. A proposal to establish a
sector-wide ICT Online Forum (IOF), where ICT staff from different
institutions can freely exchange ideas and experience or ask for
assistance, has been abandoned.
- Further, basic computer and software skills are not
included as minimum requirements in job classifications for civil
servants in the courts. Including this basic requirement, ECLD
training and training in Windows server administration would reap
benefits in terms of greater proficiency among new hires in the medium
term. The Serbian judiciary should learn lessons from others in the
region by making a concerted effort to specifically train civil servants
in ICT (an example of mass training of all court employees has occurred
in Bosnia-Herzegovina, using commonly known European Computer Driver’s
License – ECDL curriculum).
- ICT training for judges and staff occurs when a new
system is implemented (and is usually funded by the donor that funded
the system), but it is not offered to new employees or available as
refresher courses. For example, training on AVP, arguably the
most commonly used and essential system, has not been conducted since
its initial rollout in 2010. More frequent training and advanced
follow-up training could yield efficiency dividends.
- A training assessment based on survey responses of court
employees needs to be conducted by the Judicial Academy.
Training needs to differentiate between IT specialists, super-users who
can help other court employees with simpler ICT problems, and other
employees.
Recommendations and Next
Steps ↩︎
Recommendation 1: Recommit the enhanced ICT
governance.
- Create a dedicated Chief Information Officer function at the
Ministry level to enhance the visibility of ICT issues and their
contribution to overall justice sector efficiency. (MOJ –
short-term)
- Strengthen relationships with the Government Office for ICT and
contract for the use of existing government infrastructure – for
example, utilize the data center in Kragujevac and wide area network
connections. (MOJ, HJC, SPC, Court Presidents, Heads of PPOs –
short-term)
- Reinvigorate the e-Justice Department at MOJ and the Judicial ICT
Sectoral Council by transforming their role from donor project
coordination to key responsibility for ICT strategic planning and
management. (MOJ – medium-term)
- Create and commit funds to a multi-year strategic financial plan
for sector-wide ICT support. (MOJ - long-term)
Recommendation 2: Plan for continuous improvement and
replenishment in ICT hardware, software, and human
resources.
- Within six months, update the inventory of IT hardware, software,
and human resources in the judiciary, utilizing data provided by courts
to HJC through BPMIS. (MOJ, HJC, SPC – short-term)
- Finalize and implement plans to tender a request to vendors for a
full-scale help desk and software maintenance. (MOJ, HJC, SPC –
short-term)
- Assess the possibility of introducing speech to text programs in
courts and PPOs. (MOJ, HJC, SPC – short-term)
- Centralize ICT infrastructure support and maintenance through a
justice sector-wide organization, which could contribute to lower
overall costs, more rational distribution of equipment to those in most
need, and the ability to realize quantity discounts. Outsource discrete
aspects of infrastructure support, such as desktops, printers, and
scanners. (MOJ, HJC, SPC – medium-term)
- Follow the “evergreening process” – i.e., replace one-quarter of
equipment every year, in order to spread the cost of replacement equally
over the years, instead of one large budget expense every fourth or
fifth year. (MOJ, Court Managers – medium-term)
- Properly classify all ICT positions, clarifying the level of
authority, seniority, and pay levels for all ICT specialist positions
(telecommunication and database specialists, analysts, web specialists,
etc.) across the technology spectrum. Ensure that compensation and
career growth opportunities are commensurate with the private sector.
(MOJ, HJC, SPC – medium-term)
- Conduct a comprehensive training assessment for judicial system
ICT staff and provide sustainable, regular ICT training. Pay special
attention to the needs of the staff working on the maintenance of IT
equipment. (MOJ, HJC, SPC – medium-term)
- Expand the role of the Judicial Academy to include a complete,
standard curriculum of ICT training with a mandatory annual component
for certain justice system employees, including judges and prosecutors.
(MOJ, HJC, SPC – medium-term)
Recommendation 3: Build capacity for improved data quality in
case processing, statistical reporting, and judicial
decision-making.
- Adopt the Rulebook on Data Entry to ensure consistent data
management across agencies. (MOJ, HJC, SPC – short-term)
- Improve procedures for scanning paper documents, including
confidentiality and searchability. Procure higher-quality scanners and
increase server capacity. (MOJ, HJC, SPC – short-term)
- Roll-out the e-Sud e-filing application to courts of general
jurisdiction using SAPS and to misdemeanor courts using SIPRES. (MOJ,
HJC, SPC – short-term)
- Document technical standards under the EU E-CODEX project and
compare them with those under development by the EU so the newly
developed Serbian standards will comply with E- CODEX requirements.
(PPOs – short-term)
- Prioritize replacement of AVP, whose architecture prevents it
from being updated in a satisfactory manner, with Super SAPS. Ensure
that the replacement system is supported by features that AVP lacks,
such as consistent use of drop-down menus, clear and consistent data
definitions, mandatory fields, field validation, and lock-down of
statistics once submitted. (MOJ, HJC, SPC – medium-term)
- Add several data elements needed for analysis that are not
currently tracked across case management systems – appeal rates, overall
times to disposition across instances, and adjournments. Introduce
automatic routines to eliminate double-counting of cases. (MOJ, HJC, SPC
- medium-term)
- Use existing case management systems to identify enforcement and
substantive cases with the same debtor and multiple enforcement cases
involving the same parties and causes of action to allow judges to
determine if case consolidation would be appropriate. (MOJ, HJC, SPC –
medium- term)
- Develop an internal database of prosecutorial practice,
accessible to all prosecutors’ offices and connected to the Judicial
Academy’s database (e–Academy) and the case law database. (MOJ, HJC, SPC
– medium-term)
- Implement the central system for case management (SAPO II) in all
prosecutors’ offices, enabling connectivity between prosecutors’
offices. Implement software-based automated case distribution in all
prosecutors’ offices. (MOJ, SPC, Heads of PPOs – medium-term)
- - Increase direct access to various registries, i.e., data kept
within other state institutions and other organizations (banks, APR,
etc.). (MOJ, HJC, SPC – medium-term)
- Adopt data exchange protocols between the Misdemeanor Courts and
the traffic police, the Business Registers’ Agency, the Department of
Payments within the Treasury, and the Central Register of Compulsory
Social Insurance. (MOJ, HJC, SPC – medium-term)
- Adopt protocols to link data used by prosecutors, law enforcement
institutions, etc. (MOJ, PPOs – medium- term)
- Acquire more lower-cost audio-only technology to be used when
access to in-person hearings is limited and when due process
considerations do not require more costly audiovisual communication.
(MOJ, HJC, SPC – short-term)
- Determine where it is cost-effective to expand the use of costly
audiovisual technology, such as for remote hearings internationally or
in lieu of a prisoner transfer. (MOJ, HJC, SPC – medium- term)
- Consider replacing many small servers with a larger server
(virtualization). (MOJ, HJC, SPC – medium-term)
Recommendation 4: Create an ICT Security Standards Roadmap to
support the security standardization work of the judiciary.
- Identify existing published security standards, standards in
development, and areas where a need for standards has been identified
but where work has not yet been initiated. (MOJ – short-term)
- Undertake measures to prevent unauthorized persons from
accessing, copying, disclosing, altering, or erasing personal data.
(MOJ, HJC, SPC – short-term)
- Ensure proper maintenance of ESB due to its central role in
connecting all systems and users (MOJ – short-term)- Improve the
security of paper files by moving files from unsecured into secure
areas. (MOJ, HJC, SPC – short-term)
- Engage in business continuity planning to ensure that critical
information and systems are backed up. (MOJ, HJC, SPC –
medium-term)
Recommendation 5: Create an ICT Communication Plan (MOJ, HJC,
SPC – medium-term) to include:
- Identify stakeholder communication requirements, identifying key
external and internal stakeholders and their different requirements and
needs for communication;
- Develop communication methods and technologies, including
meetings, emails, newsletters, conferences, web presence, etc. Establish
the most convenient and effective means of communication for each key
stakeholder;
- Develop a communication matrix, summarizing communication types,
objectives, medium, frequency, owner, etc. for each audience and
stakeholder type;
- Develop communication standards to simplify the overall
communication effort and apply standard templates and formats.