In order to reduce the length of procedures, the legislator has started to make electronic liaising optional or mandatory for specific parties and their representatives in certain court procedures. This means that the parties may or must liaise with the courts by electronic means, without using paper-based submissions, within the framework of the legislation.
The company registration procedure has been exclusively electronic in the first-instance procedure since 1 July 2008, and also in the second-instance procedure since 1 January 2012. As of 1 July 2014, it is also possible – and in certain cases, mandatory – to submit applications for review of the legality of procedures to the court of registration electronically. In 2017, the courts received 708 716 electronic submissions in company registration procedures, 373 760 of which were procedure-starting submissions.
Electronic liaising in civil litigations in cases of the regional courts acting as court of first instance has been set out as an option in the legislation since 1 January 2013. As of 1 July 2015, this option is available at all courts, including district courts and regional courts both in first-instance and second-instance cases. As of 1 July 2016, electronic liaising with the court is mandatory for parties acting via a legal representative, business entities and administrative bodies in civil litigations and, pursuant to the legislation, also in other civil procedures, as well as public administration and labour litigations. In 2017, the courts received 490 508 electronic submissions in civil litigations, 91 080 of which were procedure-starting submissions.
In insolvency and liquidation proceedings, the parties were able to opt for electronic liaising from 1 January 2015, and it has been mandatory since 1 July 2016. In 2017, the courts received 57 728 electronic submissions in insolvency and liquidation proceedings, 11 832 of which were procedure-starting submissions.
Civil registration proceedings can be initiated by electronic means since 1 January 2015. Electronic liaising is mandatory for certain organisations, applicants who have a legal representative, applicants submitting an application for simplified registration proceedings or proceedings for the amendment of registration or an application for the establishment of ‘public benefit’ status, as well as public benefit organisations. In 2017, the courts received 29 983 electronic submissions in proceedings relating to the registration of NGOs, 17 069 of which were procedure-starting submissions.
Full-scale electronic administration was introduced with regard to court proceedings from 1 January 2018. The NOJ and the courts – as bodies providing for electronic administration – are obliged to allow for the electronic administration of all cases within their scope of responsibilities and authority for the clients.
From 1 January 2018, the bodies and persons specified in Section 9(1) of Act CCXXII of 2015 on the General Rules of Electronic Administration and Trust Services (hereinafter referred to as: ‘E-administration Act’) are obliged to liaise with the court by electronic means in all cases, i.e. in addition to the cases concerned by electronic liaising detailed above, also in
- non-litigious enforcement proceedings,
- non-litigious civil, economic, public administration and labour proceedings,
- criminal proceedings,
- proceedings for administrative offences, and
- presidential administrative cases.
Electronic liaising remain optional for natural persons acting in person in litigious and non-litigious court cases and presidential administrative cases after 1 January 2018.
Having regard to the introduction of full-scale electronic administration from 1 January 2018, we can foresee a continuous increase in the number of electronic submissions submitted in non-litigious civil proceedings, as well as criminal proceedings, proceedings for administrative offences and presidential administrative cases.