Abstract :
[en] Digital technologies and algorithmic tools have been presented as ways to improve judicial issues i.e., address delays, increase legal security, and make justice cheaper and accessible for all . This is even more important in the case of commercial courts as the European Commission specifies that efficient judicial systems are essential for the functioning of the internal market and a prerequisite for economic growth . Driven by these European recommendations , France and Belgium have initiated various policies to digitalize justice and, among others, commercial courts. Although they both aim to make justice more accessible, faster, more efficient and more transparent, these digitalization plans vary in terms of the technologies used (open-source solutions or proprietary software) and the actors involved (private or public). Hence, while both Belgian and French commercial courts have to juggle with a multiplicity of tools , these were developed at different times, by different service providers and with different computer languages and scripts . How do these different technical, organizational and political choices (1) influence the level of integration of these tools within organizational processes and structures; (2) how do they impact courts’ practices ; (3) and what consequences do they have for the State of Law ?
This study of design, development, and implementation of the French and Belgian digital tools used in commercial courts draw on a qualitative methodology. In addition to grey and scientific literature reviews on legal technologies in the judicial system, our study builds on previous work carried out in Belgium between 2021 and 2022 and extends it with a case study (on-site observations and semi-structured interviews with concerned actors) that is currently being conducted in a French commercial court. The collected material will help grasping the genesis of these tools, their local implementation, and their daily uses. Comparing local and reciprocal adaptations between these digital devices, the actors who use them and the jurisdictional organization, will also shed light on the development process of these tools, their level of integration within organizational processes, and structures and work routines. This international and interjurisdictional comparison will feed a grounded and crosscutting analysis of the decision-making processes that weave the making of law . In this sense, the article draws on the concrete cases of French and Belgian commercial courts to add an international dimension to the comparative analysis and demonstrate how new technologies’ design, development, and management choices lead to distinct but essential consequences for justice in the broad sense.
