Remarks on access to justice and the digital divide from the aspect of procedural law

Abstract

The COVID-19 pandemic has proved that the use of electronic means can significantly facilitate effective, physical access to justice and simplify the initiation and conduct of court proceedings; however, the phenomenon of digital divide has entered into centre of attention as well. The current paper aims to give a summary on the concept of digital divide in the context of procedural rights, primarily the right to an efficient access to justice. It will be examined, how digital solutions can be integrated into the conceptual and legislative framework of access to justice so that they can contribute to the enhancement of efficiency, while preventing the marginalization of the most disadvantaged social groups and the “elitization” of justice systems. The analysis is based on synthesis of international standards, jurisprudence, recommendations, and secondary literature. This way the results can provide an impetus for developing new solutions in this area to ensure the efficient access to justice for all even in the context of unprecedented technological, social and economic challenges.