The influence of digital technologies on some traditional principles of litigation and administrative procedure in entity laws of Bosnia and Herzegovina

Abstract

Legal systems of the entities of Bosnia and Herzegovina – Republic of Srpska and the Federation of Bosnia and Herzegovina are in the phase of introducing the use of digital technologies in civil and administrative proceedings. The goal of the paper is to normatively and dogmatically analyze the current scope of digitization achieved so far in domestic litigation and administrative procedure. The goal is also from the aspect of process theory to determine the axiological influence of that digitization process on some selected principles of litigation - the principles of publicity, immediacy, adversariality, and the principles of orality and writing, as well as the appropriate principles of administrative procedure - principles of protection of the rights of parties and protection of public interest, efficiency, free assessment of evidence, economy, and principles of access to information and data protection, which is represented at the level of Bosnia and Herzegovina and the Republic of Srpska. It is concluded that the domestic legislators have not yet made significant progress in this process and that the litigation and administrative procedure continue to take place on traditional grounds, and as a result, the aforementioned principles have not been significantly affected.

Year of Publication
2024
Journal
Journal of Ethics and Legal Technologies
Volume
6
Issue Number
2
Start Page
163
Last Page
194
Date Published
12/2024
ISSN Number
2612-4920
Serial Article Number
8
DOI
10.14658/pupj-JELT-2024-2-8
Issue
Section
Articles