التقاضي الالكتروني بين الضرورة المعاصرة و واقع النصوص القانونية

Abstract EN

The electronic litigation or distant litigation is an innovative method witnessed by contemporary judicial organs and approved by certain comparative legal legislation.

It relies mainly on the maximum use of Information and Communication technologies as well as various electronic Medias which are adapted to the benefit of the judicial system.

However, the recourse to the electronic litigation system still poses major problems related to the legislative evidence of this system, in particular the exigency of the principle of procedural legitimacy in light of the delay in amending the relevant national legal texts and their embodiment of the principles of necessity, proportionality and balance between the interests of parties concerned with the trials, and the extent to which they reflect the rules of justice and fairness and respect the rights of the defence.

All previous conditions should be respected in order to ensure a suitable organization of the distant litigation procedures and the full protection of the rights of all parties to provide an effective digital justice with international and national legal references.