The Fundamental pillars of the Judiciary in the Light of Electronic Litigation- An Analytical Study

Abstract

The electronic litigation system is one of the most prominent modern legal innovations adopted by contemporary judicial systems, due to its advantages of speeding up the resolution of disputes and reducing costs for both the parties and the state. However, the transition to this system raises many legal and procedural problems, especially with regard to the guarantees of litigation between adversaries, in particular the principle of confrontation and the right of defense, in addition to the principle of oral and public hearings. Electronic litigation, despite its speed and flexibility, may reduce the ability of parties to present their arguments and defend their rights on an equal footing if strict controls are not observed, and may affect the transparency of proceedings and the openness of trials if it is limited to electronic proceedings without direct judicial supervision.

The study also indicates that digital transformation is accompanied by tangible technical challenges, including digital errors, software malfunctions, and the risks of forgery or manipulation of electronic documents, which constitute an obstacle to the effectiveness of this system and ensuring the credibility of judicial proceedings. Hence, the study emphasizes the need to gradually apply e-litigation in selected courts to assess its effectiveness and address challenges before it is distributed to all Iraqi courts, focusing on the development of technical infrastructure and electronic equipment to ensure the safety and efficiency of judicial processes, reduce technical risks, and enhance the reliability of electronic documents and records.